If you are being sued for causing a vehicle accident but you think that there is another party responsible for the crash, you have the option to file a counter claim to seek your own damages. In your claim, you are making the allegation that the other driver was the one that caused the vehicle accident. In your counter claim, you will ask the courts to award you compensation for the injuries you received as well as the damage done to your vehicle and other losses you may be suffering due to the accident.
When you file a counter claim, you are filing a legal claim that the person being is the one that originally file a lawsuit on you. In a counter claim, it is not a separate lawsuit so it needs to relate to the original complaint filed on you and pertain to the vehicle accident and not another legal dispute.
Counterclaims in Car Accident Cases
A standard counter claim can arise If the accident can be the fault of the one who made the original claim on personal injury. When an accident occurs, someone can be at fault or both parties can be at fault to some extent. When you file a counter claim, you are not admitting that you are guilty, but you are saying that the other party is the one at fault.
Counterclaims During a Car Accident Trial
After a claim has been filed, both attorneys will try and negotiate a settlement in order to avoid going to court. During this negotiation, both parties will have the chance to approve or disapprove any offer that has been placed. It’s natural for settlements to start out low and build up but in some cases, insurance companies will want to stick to their low-ball offer and will not negotiate a different amount, no matter what.
If an agreement cannot be made, then a court date is set for both parties to go to court and allow a judge and jury to determine who is at fault and who should pay.
If you have good representation, your personal injury lawyer in La Verne will work closely with you as well as the other party to get your claim settled. You don’t want to pay anything immediately, especially If you file a counter claim. You will have the opportunity to go to court and testify on your side of the story.
In the end, the judge will instruct the jury and then the jury will deliberate on the counter claim. During a trial involving a regular vehicle accident case, the jury will simply decide if the defendant in the case was negligent or not and if so, they will calculate the damages to be awarded to the plaintiff.