The defendant

What happens to the person, persons or company who caused my injury?

After the incident which caused your injury, the person, persons or company that you claim may be responsible for your injury was contacted by the insurance company. Either the person who caused your injury or a representative of the company who caused your injury gave statements and reports to his/her insurance claims adjuster.

After the insurance company’s initial investigation, there is usually little or no contact between the tortfeasors (the person, persons, or company who caused your injury) and the insurance company. In other words, the insurance representative usually does not keep the insured advised about day to day progress in the case. An exception may be medical malpractice cases. Therefore, the person, persons or company who caused your injury is probably going on with their daily lives, hopeful that the case will simply be settled by the insurance company with little or no involvement on their part.

What happens to the person who caused my injury if the case does not settle?

If the case does not settle between you, your lawyer and the insurance company and proceeds to litigation (lawsuit), the insurance carrier will again contact the insured. An attorney hired by the insurance company will be assigned to defend and represent the tortfeasor, whether the tortfeasor is a person, persons or company. The insured will be required to participate in the litigation process and will be required to cooperate with the attorney assigned.

It is important to remember that if a lawsuit becomes necessary, it will be brought against the tortfeasor and not against the insurance carrier, even though the insurance carrier will probably be the one to pay the settlement or verdict.