Main Office

Oaks Plaza – 14125 NW 80th Ave, Suite 400 – Miami Lakes

(305) 374-1011

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Naples Office

2325 Stanford Court, Naples, Florida 34112

(239) 793-3331

Main Office

Oaks Plaza – 14125 NW 80th Ave, Suite 400 – Miami Lakes

(305) 374-1011

Naples Office

2325 Stanford Court, Naples, Florida 34112

(239) 793-3331

What Happens When a Defendant Can’t Be Found?

What Happens When a Defendant Can’t Be Found?

by | Oct 30, 2017 | 0 comments

For the most part, simple rear end collision cases are usually not the most complex to resolve. We work with the defendant’s attorney and all the insurance companies involved to come to a reasonable settlement, or when needed, take the case to trial and litigate based on the facts and evidence in the case. Our aggressive and hard-nosed style of legal representation favors our clients in this regard and it has allowed us to achieve fair and just compensation on their behalf across a wide range of case sizes.

 

But things do not always go as planned, as was the case with a recent lawsuit we filed on a client’s behalf in Naples, Florida following an accident on he had on Pine Ridge Road. At the intersection of Woodshire Lane and Pine Ridge Road, our client was struck in the rear by a vehicle driven by the defendant. As a direct result of the defendant’s negligence for driving too fast, not maintaining a safe distance, or allowing a sufficient amount of time to stop; our client suffered bodily injury, pain and suffering, aggravation of a pre-existing condition, significant permanent scaring, and the expenses of hospital, surgical and medical care.

 

Here is where the twist came in. After our lawsuit was filed, the defendant could not be found anywhere in Collier County. She could not be located at the home address she provided to responding authorities or at a local sports bar where she had worked. No forwarding address was left and no information as to her exact whereabouts was available.

 

Fortunately, her disappearance didn’t hurt our case. According to the law, so long as the driver was named as a defendant and was served with process before she disappeared, she is bound by the results of the case anyway. This is why it’s always important to hire a lawyer following an accident.

 

Ultimately, our Naples personal injury attorneys at Weinstein & Cohen were able to resolve the case through sufficient insurance coverage and the disappearance of the defendant simply meant she was not able to testify or dispute how the accident occurred. Sometimes what seems like a simple case can provide some unexpected twists, as was the instance here.

 

If you or someone you care about has been injured or involved in a car or truck accident, contact the Naples accident and personal injury attorneys at Weinstein & Cohen at 239-793-3331 or visit fairnessforall for an absolutely free and confidential legal consultation to learn more about your options.

 

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W&C

Our team has demonstrated the ability to achieve fair and just compensation for our clients . We provide potential clients with verifiable results from a variety of our cases; both large and small but all important to each individual person.