Personal Injury Lawyer: Simultaneous Litigation
In some cases, personal injury lawsuits involve multiple plaintiffs. A personal injury lawyer can help your lawsuit rise to the top if multiple suits are in the mix. Here are some of the circumstances and strategies personal injury lawyers use in cases involving simultaneous litigation.
Suing on Behalf of a Minor
If you're the parent or guardian of a minor injured in a car accident or other tragic event, you may choose to file a personal injury lawsuit on their behalf. These cases can become infinitely more complicated if the minor has multiple legal guardians and/or live in a shared custody situation.
- File First: taking control of a personal injury lawsuit involving multiple litigants can boil down to who files first. To file first, however, you'll need to make sure you have all of your facts and evidence in place. When you hire a personal injury lawyer, be sure to share any and all documents related to your case. Your personal injury lawyer can begin drawing up the paperwork immediately. Additionally, you should not share your intention to file a lawsuit with other potential litigants, insurance providers, or other interested parties. Tipping your hand can compel the other parties in your case to begin marshaling a defense.
- Information Access: in cases involving minors, accessing medical records, accident reports, and other sensitive information can create challenges. This is particularly true in cases where custody is contentious. You can limit access to the information needed to build personal injury lawsuits by formally limiting who can see a minor's medical records. Your personal injury lawyer can help you file this request with medical providers and other entities.
Splitting a Settlement
Most personal injury lawsuits never see a courtroom. In cases where multiple personal injury lawsuits are filed, your personal injury lawyer can secure a larger portion of the payout.
- Time Share: a minor's primary caregiver is normally given a larger portion of personal injury lawsuit settlements. Your personal injury lawyer can formally document the amount of time a minor spends in your care. Even if the spilt is only 51% to 49%, the caregiver providing the majority of the support to the minor may receive a substantially larger portion of a personal injury lawsuit settlement.
- Insurance Policy: if a minor is covered by your health insurance policy, you likely had to pay for the medical bills associate with their injuries. Your personal injury lawyer can ensure that settlements are earmarked to cover all medical bills related to the case.