The Defendant’s Role In a Personal Injury Claim

The individual who caused the accident in a personal injury claim is known as the defendant. The defendant does not play a major role in the initial stages of the personal injury claim unless the case goes to trial. But regardless of whether your claim is in the settlement or trial stages, your accident attorney will be in direct contact with either the defendant or his insurance company.

Defendant’s Initial Role

A personal injury defendant is a party who is sued for causing harm to another individual. Immediately following the accident, the insurance company assigns an adjuster who will contact the defendant. The defendant will give the adjuster a detailed report of the accident. The adjuster usually records the defendant’s statement and later transcribes it.

Following the adjuster’s initial investigation, the defendant will usually have little or no contact with his insurance company. That is, the adjuster does not provide the defendant with daily progress of the personal injury claim. The personal injury claim is solely handled by the insurance company with little or no involvement on the part of the defendant.

When The Case Does Not Settle

If your accident attorney and the insurance do not reach a settlement, you will file a personal injury lawsuit against the defendant personally, not against his insurance company.

At this point in the game, the insurance company will assign a defense attorney to defend the defendant in court. Unlike the initial stages of settlement talks, the defendant will need to be involved during every step of trial preparation. In other words, the defendant is expected to participate in the litigation process and cooperate with the attorney the insurance company assigned to represent him at trial.

We Can Help You

If you or someone you love was injured in an accident caused by the negligent actions of another person, you need to hire an experienced accident attorney who can get you the just compensation you deserve. To schedule a complimentary consultation with an accident attorney at the Law Offices of David P. Kashani, APLC, please call (855) 449-0944.

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