What Happens To The Defendant After My Accident?
After your accident, you may wonder how your claim affects the defendant who injured you. An injury attorney can take you through it one step at a time.
Understand that several people might be liable for your injuries. As your personal injury attorney can explain, the legal responsibility for your claim may fall on an individual (such as the driver of the car that hit you) or a company (the cab company who employed the driver) or others. Regardless of who bears legal fault, the claims process falls into two categories: before and after a lawsuit filing.
Before a Lawsuit
Hopefully your personal injury attorney can help settle your claim with the insurance company without the necessity of a lawsuit. Before filing suit, the insurance company contacts the possible defendant or defendants (Again, these are the people or company who are potentially liable for your claim). The adjuster will conduct an initial investigation. That investigation includes taking statements from the defendant, you, potential witnesses, doctors etc.
Your injury attorney can counsel you during this process. The adjuster then prepares his or her own report and recommends a settlement figure or rejects the claim. Your attorney can then advise you what to do next. After giving a statement, the defendant him or herself probably has little day to day involvement with the case.
Preparing to File a Lawsuit and Beyond
If you and your attorney cannot reach a satisfactory settlement with the insurance company, a lawsuit may be necessary. Though you and your personal injury lawyer may have dealt with the insurance company to this point, the lawsuit will be filed against the actual defendant(s) who injured you. Your injury attorney can explain more.
Once the lawsuit goes to court, the insurance company hires a lawyer to represent the defendants. Your personal injury lawyer can advise you how to cooperate. You may never see the defendant again unless your case actually goes to trial. If you reach a settlement or a verdict, the insurance company pays rather than the defendant (in most cases at least).
A personal injury claim can provide you with the financial remuneration you need to get back on your feet after an accident. For more information about filing an injury claim, please talk to a reputable lawyer. An experienced attorney will assess your injuries and determine a course of action that is in your best interest based upon the injuries that you incurred and the long-term impact it may have.