IDENTIFYING DEFENDANTS – LOOKING UNDER EVERY ROCK
One of the many important parts of litigation involves the identification of potential defendants. Leaving out an important party can have far-reaching negative consequences: by failing to include a necessary defendant, an injured person may be time-barred from bringing a lawsuit against that person/entity in the future, and may leave the injured person to pursue a case against defendants who do not have and liability, or worse, have insufficient insurance coverage or assets to fully compensate for the harms suffered.
I was intrigued to read a recent article involving the crash of Kevin Hart’s 1970 Plymouth Barracuda that occurred last month. Word is that the body shop that was involved in the modification, construction, and/or sale of that vehicle may be facing litigation for its failure to install and/or require certain modern safety devices including airbags and safety harnesses, particularly because of the horsepower of the engine. Perhaps the body shop should have reasonably anticipated that such a powerful vehicle would present a high risk of harm to its occupants.
Here at Heiting & Irwin, we often inform our clients of our motivation to “look under every rock” in order to identify any potential parties that contributed to our clients’ harm. If you or someone you know has suffered injuries due to the conduct of others, it is important to consult with such an experienced, well-practiced firm that will work hard to ensure the injured person obtains the fullest possible recovery.