- October 25, 2018
- In personal Injury Claim
The individual responsible for an accident in a personal injury claim is known as the defendant. The defendant does not play a major role in the initial stages of a lawsuit, unless the case goes to trial. You may not be in direct contact or have any communication with the defendant or see him again after the accident. However, you may still want to know what role he or she plays during either the settlement process or if your case goes to trial.
Your Orange County accident attorney can provide you with detailed information about the defendant’s role in your personal injury claim. Below is a brief summary.
Defendant’s Initial Role
A defendant is a party who is sued for causing an accident in which other parties have suffered bodily injuries. Immediately following the accident, the defendant’s insurance carrier assigns an adjuster who will contact the defendant for a recorded statement regarding the details of the accident.
Following the adjuster’s initial investigation, the defendant will generally have little or no contact with his insurance company. The adjuster will not give the defendant a daily progress of the claim. In other words, the personal injury claim is handled exclusively by the insurance carrier with little or no involvement by the defendant.
Defendant’s Role When the Case Goes to Trial
If your Orange County accident attorney and the insurance adjuster for the at-fault party cannot come to a settlement, your attorney will need to file a lawsuit against the defendant personally. Although the insurance company is not named in the suit, it will assign a defense attorney to represent the defendant during the litigation process and at trial.
Unlike the initial stages of the settlement negotiations with the insurance carrier, the defendant will need to be involved during every step of the litigation process. He or she will need to answer questions propounded by your attorney during the discovery stage and even get deposed. The bottom line is, because the lawsuit is against the defendant personally, he or she will be expected to participate in the litigation process and cooperate with his or her attorney.
We Can Help
If you or a loved has been injured in an accident caused by someone else’s negligence or recklessness, you should discuss your legal options with an attorney. Depending on the specific facts of your case, you may be entitled to compensation.
The Orange County accident attorneys at the Law Offices of Samer Habbas advocate for our clients’ full financial recovery through hard work and aggressive lawyering. For more information or to schedule a complimentary consultation with one of our attorneys, please call the Law Offices of Samer Habbas at 949-727-9300.