Sometimes, the information gathered suggests who the real target should be, but that is not always readily discernable. I was reminded from a very experienced trial lawyer, friend and mentor from New York, that lawyers are not to make findings of fact - that role is reserved for judges and juries. It is for this reason, that many trial lawyers, myself included, circle the wagons and sue everyone that had a real connection with the events of the case. This method guards against the risk of failing to name an essential party to the action. Most of the time, through the process of litigation and discovery, it becomes clear which parties should remain in the lawsuit, and which should be released.
So, when you initiate your claim, remember to circle the wagons!
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.