When it comes to car accidents, things are not always clear. Fault plays a huge part in accidents and determines the potential for compensation as well as the amount of that compensation. In some situations, the other side counters your allegations of fault with their own. Read on to find out what might happen when you get a counterclaim.
Counterclaims and Countersuits
The two above terms refer to stages of a personal injury claim. When the parties agree on a settlement, there is no need to go to trial. If they disagree and cannot settle, a lawsuit is filed. There might still be a settlement before the trial begins, but some accident victims have to go to court to be paid what they are owed. When you and the other driver (or, more accurately, their insurance carrier) settle the case, that might be called a counterclaim. When you take a case to trial where fault is in dispute, that might result in a countersuit. The stakes are higher when a judge and jury are involved and there is a greater need to prove fault.
What Are Countersuits?
When you are injured due to another driver's careless actions, you may be entitled to take action and get paid money damages. A countersuit is when the person who is being sued turns the tables and files a lawsuit referencing the exact same accident. Countersuits become part of the original suit. For example, the other side might attempt to mitigate the amount you are alleging in medical damages by saying your speed made the accident worse for yourself and caused more injuries to the other side.
Fighting Against a Countersuit
Unfortunately, when you get sued by the other driver, it can complicate the entire legal process quite a bit. To fight the claim, you must be ready to show that your actions are unimpeachable. If the other side can prove that your actions contributed to the injuries of the other driver in a significant manner, you may lose your suit and perhaps even have to pay the other driver.
To fight the countersuit, your attorney will gather evidence that supports the other side's liability. That means photos of vehicle damage, skid marks on the pavement, damage to roadside areas like signs and fences, and more. Eyewitness testimony about the accident can be powerful and convincing. Videos of the accident are considered the gold standard in proving fault. Your attorney will also hire accident reconstruction experts who can testify about what and who caused the accident based on the available evidence in court.
Speak to an automobile accident attorney to learn more about countersuits.