In the aftermath of an injury or accident, you likely have a million questions flooding your mind. Beyond the healing that needs to take place, you might be left wondering who should be held responsible. The answer may not seem obvious, so it’s definitely worth careful consideration. Identifying the right people to involve in a court case can save you time, money, and lots of headaches.
Who is responsible for your accident or injury?
If there are people whom you know, without a doubt, are responsible for your predicament, they will likely be included in a lawsuit. This could be anyone—the guy who wasn’t paying attention and rear-ended you, the doctor who violated patient safety rules and botched your surgery, etc. These at-fault individuals need to be identified and included in the case.
Should any businesses be included?
It depends on the situation. Two common examples include 1) a company that was supposed to make things safe but didn’t, and 2) an employer who hired a careless employee. If a business played a role, they will likely be involved in any resulting lawsuits.
What about insurance companies?
Sometimes an insurance company is identified by name, sometimes not. If a person or business is responsible for what happened and they have insurance, you usually include the person or business only
. Their insurance company will still be involved, but the lawsuit will not be directly against that company.
But let’s change it up: what if your own insurance company won’t hold up their end of the deal and you have to sue? Here, you do
name the insurance company because, by not providing the coverage you paid for, the insurance company is the one causing the problem.
What about other people I don’t know or can’t find?
You will often learn new information after the start of your case. Sometimes you identify new or unexpected responsible parties. Either side of the case can identify other people, organizations, or businesses that might be responsible, and—if there is still time—you can add them to your lawsuit. A good attorney will be helpful in identifying and tracking down these individuals or parties.
How do we sort it out? Who’s responsible?
Most cases settle
, so there never is any official decision on responsibility. But if your case goes to trial, everyone in the case has the opportunity to bring witnesses, present documents, and say what they want to say from their point of view. After that, the jury gets to weigh everything and divide up responsibility. Then (with some exceptions of course), everyone pays their fair share.
Need help sorting through who should be named in your case? Contact Kyle Cray
The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.