Sometimes in personal injury law, it becomes necessary to initiate litigation against people you love or care about. The goal is not necessarily to collect money from that individual, but rather to obtain compensation from his or her insurance company.
Because insurance companies cannot be named as defendants in injury lawsuits until liability has been established, one must name the insured. Sometimes, that individual is someone to whom plaintiff is close.
Many times, those sparring in the courtroom retain no ill feelings outside the doors. What takes place is a formality that allows the injured person to receive compensation for medical bills, lost wages and pain and suffering. Plaintiff must show defendant owed a duty of care to plaintiff and then breached that duty, causing plaintiff’s injury. Continue reading