In a lawsuit to recover personal injury damages, the person that was hurt files the lawsuit. If the person injured is under the age of 18 or has been wrongfully killed, then a family member or personal representative of that person will be named in order to bring a lawsuit. The person or corporation responsible for the negligent act is the one getting sued. However, the liability insurance carrier for the defendant is the one that hires the lawyer and ultimately will pay for the settlement.
