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The Defendant in Your Personal Injury Case

Personal Injury ClaimThe individual, people, or company that is responsible for your injury is referred to as the tortfeasor, and, if the case proceeds into the litigation phase, the defendant. During the period where the insurance company is working on a settlement, it is likely that you will not have any interaction with the tortfeasor; if the case goes to trial, you will be interacting with the tortfeasor much more. Your New York car accident attorney will keep you updated with information as to what exactly is going on with your case, but from the defendant’s end, the case looks somewhat different.

After the accident that caused your injury, the tortfeasor was contacted by the insurance company. An insurance claims adjuster then took a statement from either the person who caused your injury or a representative of the company responsible for your injury. It is probable that those statements and reports were written down, so there will be a record of them.

Following the initial taking of statements and other investigatory actions, there will be no or little in the way of contact between the insurance company and the tortfeasor. Basically, the tortfeasor is not normally kept up-to-date with the latest news on the case. This means that the person, people, or company responsible for your injury is simply conducting life as usual and is hoping that the insurance company will settle with your New York auto accident lawyer with little to no involvement from them.

If your New York accident lawyer and the insurance company are not able to settle your case, the case will move on to the litigation stage. After your New York car crash attorney files the lawsuit, the insurance company will contact the tortfeasor again, as well as hire a lawyer to represent it in the legal action. At this point, the tortfeasor must participate in the proceedings and cooperate with the lawyer hired by the insurance company. It is important to note that despite the fact that the insurance company will be the one to pay the settlement or verdict, the lawsuit will be filed by your New York auto accident attorney against the tortfeasor and not the insurance carrier.

If you have been injured in an auto accident, contact the qualified New York car crash lawyers at Gersowitz Libo & Korek for help with your case.

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I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
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They were incredibly professional and pleasant to work with. They made the personal injury process straightforward and easy to navigate. I appreciated their...
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Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
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Thank you to the team at Gersowitz Libo & Korek and special thanks to attorney Daniel, Avi and Annette for all your help on my case. Dealing with the law...
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Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
Amy L.
A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
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Jeff and Michael are both very professional and helpful towards my case. I would like to thank the team and Irene, the assistant, for all their help despite the length of time that the case took. They took a lot of care and were patient with... answering any inquiries that I more
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