What is a personal injury action? A personal injury action refers to any incident where someone suffers physical and/or emotional injuries. Classic examples of personal injury actions include:
- Accidents (car, truck, bus, motorcycle, bicycle, pedestrian and construction);
- Slip and falls;
- Dog bites and animal attacks;
- Burn Injuries;
- Food poisoning and
- Defective products.
If you are involved in a personal injury incident and are in need of filing a lawsuit, be sure that you file your lawsuit against as many defendants as possible.
For example, you are the lead car involved in a three car accident. In the accident, your vehicle (identified as vehicle 3) first gets hit from behind by the middle car (identified as vehicle 2). Then, the middle car (vehicle 2) is struck from behind by another vehicle (identified as vehicle 1) and pushed into your vehicle a second time. You are injured in the accident and need to file a lawsuit. Under this scenario, you should file your lawsuit against both the middle vehicle (vehicle 2) and the vehicle behind him (vehicle 1).
Why? First, you need to protect yourself for liability purposes. If you sue only one of the two drivers, then he or she will simply deflect liability by blaming the other driver not named in the lawsuit. This is typically called the “empty chair” defense.
Next, you need to protect yourself on the issue of damages by maximizing your chances of recovery. What if you sue the driver of the middle car (vehicle 2) only, but that driver only carried a minimal policy of $15,000 and your injuries exceed that amount? If you sue both vehicles, then you can go after both vehicle 1 and vehicle 2 to recover for your injuries.
For more information about personal injury, please contact us at (800) 577-0149, or (661) 362-0805, or visit us at: