Who is the Defendant? Is there More than One? Then You Must Identify Them All
As we’ve already said, in a personal injury lawsuit as a result of a car accident, you, the plaintiff, can claim anything you want. And all the defendant has to do is say “prove it.” If you don’t, the defendant wins.
In many instances, it might not be entirely clear from the outset just who was to blame for your injuries. In some cases, this is because the actions that ultimately led to your injuries may have happened long before those injuries occurred. For example, if you were involved in a car accident because there was a mattress lying in the middle of the road, the car or truck that was hauling the mattress maybe 50 miles down the highway by the time you hit that mattress with your car. In other cases, so many parties may have been involved in the events leading up to your accident that it can be difficult to sort everything out and precisely know which one (or ones) was negligent. It’s always possible that several share the blame. And when multiple individuals cause an accident all can be named as defendants. In any event, a thorough investigation conducted by an experienced personal injury lawyer can usually identify the source (or sources) of your injuries.
Besides the importance of conducting an investigation, there’s one other key thing to know about defendants. It’s important that you file a lawsuit against a solvent defendant: a person or entity with enough money to pay you damages, especially if they might not have a liability insurer. If a defendant is insolvent you won’t be successful in collecting the full amount, or any amount, of the damages, whether you’re able to prove that he’s liable or not. This is a sad circumstance, but one that unfortunately does occur.
Defendants know that if they can appear “poor,” they won’t be required to compensate an accident victim for injuries the defendant caused them. And many defendants can go to great lengths to hide their assets and appear insolvent, even when they’re not. at our Texas Law Offices, we perform thorough asset checks of all defendants and know all the tricks they try to hide their assets. We create a clear picture of all their available resources: cash or liquidate equity. If the defendant in your case is hiding something, you can bet that we’ll find it.
Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim, and how much compensation you can win from your personal injury case. Regardless of how it happened, we’ll answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.