Just Who is the Defendant and Can There be More Than One?
In many personal injury cases, more than one defendant may be responsible for the same injury. If multiple parties contributed to causing your injuries, you may name all of them as defendants in your lawsuit, and collect damages from everyone responsible.
It is critical to the success of your lawsuit that at least one defendant in your case be solvent. A defendant is solvent if he has enough money to pay for your damages. Imagine, for example, that a penniless homeless person throws a large rock which hits your windshield and causes you to have an accident. Even though you may be able to prove that the homeless person was liable for causing your wreck, you won’t be able to recover damages for your injuries since this person clearly has no ability to pay. This is an unfortunate situation, but one that does come up from time to time.
In many instances, however, a defendant may claim to be insolvent but actually have the ability to pay damages to a plaintiff. After causing an accident resulting in injuries to another person, many individuals will attempt to hide their assets in order to appear insolvent and discourage the injured party from filing a lawsuit. If the defendant in your case is hiding assets and you are unable to prove it, you probably won’t be able to recover what your case is really worth if you’re even able to recover anything at all. At our Texas Law Office, our lawyers perform an asset check in nearly every personal injury case that we handle. If the defendant in your case is hiding resources, the chances that we’ll be able to find them are very good, which ensures that you’re paid what you deserve.
If you’ve suffered a personal injury in or around Texas, personal injury legal advice you find online is never enough to protect your rights. Even the smallest variation in the conditions of your accident can have crucial implications on the way your case is handled and how it’s resolved. For a free assessment of your legal situation, call our Law Firm at 1(800) 862-1260 (toll-free). We’re available around the clock seven days a week to help you.