In the realm of personal injury lawsuits, a defendant may sometimes attempt to evade the legal process. This can be done in several ways, such as refusing to accept service of documents, moving without leaving a forwarding address or even fleeing the jurisdiction altogether. However, it is important to understand that evading a lawsuit does not make it disappear. It merely delays and complicates the legal proceedings.
The first step in any personal injury lawsuit is serving notice on the defendant. This involves delivering a copy of the complaint and summons to them personally or through an authorized agent. If a defendant refuses to accept these documents or cannot be located, there are alternative methods available for service like publication in newspapers or through social media platforms depending upon jurisdictional rules.
If a defendant successfully avoids being served, they may believe they have escaped liability for their actions. However, this couldn’t be farther from truth. The court can still proceed with the case if it’s established that every reasonable effort has been made to serve them notice.
Once service has been effectuated by one means or another and if then also defendant fails to respond within stipulated time period, plaintiff can request court for default judgment against them which generally awards plaintiff what they were seeking since no opposition was presented by defendant’s side.
However, evading litigation doesn’t always end up favorably for defendants as courts do not look kindly upon such tactics and judges have discretion in many jurisdictions to impose sanctions on parties who deliberately obstruct justice system including fines and punitive damages over actual claim amount.
Moreover, if at any point during this entire process it’s discovered that the defendant fled intentionally to avoid lawsuit then courts might issue bench warrant leading potentially arrest of said individual until he/she faces charges brought against him/her which further exacerbate their legal troubles beyond original personal injury claim.
Additionally when defendants try evasion tactic it often results in negative public perception about them which could harm their reputation immensely especially if they’re business entities as consumers might choose to boycott their services/products due to their unethical behavior.
In conclusion, while it may seem tempting for a defendant to try and evade a personal injury lawsuit, the ramifications of such actions are far-reaching and severe. Not only does evasion prolong and complicate legal proceedings, but it can also result in additional financial penalties, potential arrest, damage to reputation and even more serious legal consequences. Therefore, it’s always advised that defendants face lawsuits head-on with assistance from experienced legal counsel rather than resorting to avoidance or evasion tactics which ultimately prove futile in most cases.
Munley Law Personal Injury Attorneys
41 N Main St, Carbondale, PA 18407
15702802502
