What happens to the defendant after my accident?
After your accident, you may be wondering how your claim affects the defendant who injured you. An injury lawyer can guide you step by step.
Understand that multiple people may be responsible for your injuries. As your personal injury attorney can explain, the legal responsibility for your claim may lie with an individual (such as the driver of the car that hit you) or a business (the taxi company that hired the driver) or others. Regardless of who is legally at fault, the claims process falls into two categories: before and after a lawsuit is filed.
Before a Lawsuit
Hopefully, your personal injury lawyer can help you settle your claim with the insurance company without the need for a lawsuit. Before filing the claim, the insurance company contacts the potential defendant or defendants (Again, these are the people or company that are potentially liable for your claim). The adjuster will conduct an initial investigation. That investigation includes taking statements from the defendant, you, possible witnesses, doctors, etc.
Your injury lawyer can advise you during this process. The adjuster then prepares their own report and recommends a settlement figure or denies the claim. Your lawyer can then advise you what to do next. After giving a statement, the defendant himself is likely to have little involvement in the day-to-day running of the case.
Preparing to File a Lawsuit and Beyond
If you and your attorney cannot reach a satisfactory agreement with the insurance company, a lawsuit may be necessary. Although you and your personal injury attorney may have dealt with the insurance company up to this point, the lawsuit will be filed against the actual defendants who injured you. Your injury lawyer can explain more.
Once the claim goes to court, the insurance company hires a lawyer to represent the defendants. Your personal injury attorney can advise you on how to cooperate. He may never see the defendant again unless his case goes to trial. If you reach a settlement or a verdict, the insurance company pays instead of the defendant (at least in most cases).
A personal injury claim can provide you with the financial compensation you need to recover after an accident. To learn more about filing an injury claim, talk to a trusted attorney. An experienced attorney will evaluate your injuries and determine the best course of action for you based on the injuries you incurred and the long-term impact it may have.