One of the most critical decisions a Texas car accident victim must make when pursuing a claim for compensation is which parties should be named as defendants. Naming all potentially liable parties is important for several reasons. First, plaintiffs typically only get “one bite at the apple,” meaning that an injury victim can only bring one case based on their injuries. It is the plaintiff’s responsibility to name all potentially liable parties, and if an essential party is not named a plaintiff will not likely be able to file a subsequent lawsuit against the unnamed party. Thus, a plaintiff should name all potentially liable parties because a failure to do so could result in the named defendants shifting a portion of the fault for the accident onto a non-present party.
Another important reason for naming all potentially liable parties is to increase the likelihood that a successful plaintiff will be able to collect on an award. Serious Texas personal injury cases can result in substantial monetary damages. Often, individuals may not have sufficient assets to fully compensate a successful plaintiff and, in some cases, they may not carry enough insurance coverage. By naming additional parties, a plaintiff has the ability to collect a damages award from several parties, increasing the chance that the plaintiff will be able to collect the entirety of what she is entitled to.
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