What if the Defendant Files a Counter Claim to My Car Accident Lawsuit?

Very rarely do we see a car accident where one party stands up and admits that it was their fault. This is why there are so many car accident lawyers in Carrollton, Georgia. Sometimes, it’s not clear which driver was at fault. Other times, the evidence is pretty strong that one driver was at fault.

In situations where nobody admits fault, both drivers will file an insurance claim. It will be up to the insurance adjusters to determine who was at fault. Your Carrollton car accident lawyer will try to negotiate payment with the insurance adjuster. If this isn’t possible, they’ll have no choice but to file a lawsuit on your behalf.

When you file your insurance claim, the claims adjuster will review your case. They’ll look at the police report and photos and try to figure out what happened. However, the insurance adjuster is not an unbiased party. It’s in their interest to find that their client was not at fault for the crash.

This is why you need an experienced car accident lawyer in Carrollton, Georgia. They’ll help gather evidence to show that the other driver was at fault. They’ll interview witnesses and put their own version of what happened together.

You Want to File Suit First

It may sound like common sense, but the party who files suit first will probably have the benefit of the doubt in court. The way it looks is that, if you didn’t file suit, it was probably because you were at fault. In reality, your Carrollton car accident lawyer may have just been waiting to gather evidence.

Every now and then, a party files suit just so they can have the advantage. Even if they know they’re at fault, they know that a jury takes the plaintiff more seriously. Even though it may not be fair, juries usually expect the defendant to prove they weren’t at fault – not the other way around.

When you file your insurance claim, your attorney will let them know what your damages are. If the insurance company denies your claim, it may be wise to file suit right away. Your Carrollton auto accident attorney can continue to try to settle your claim even after you file suit.

What is a Counter Claim?

If you get sued and believe the other party is at fault, you can file something called a counter claim. This is your way of saying that, even though the other driver filed suit, you believe you’re entitled to damages.

If you file a counter-claim, it may spark settlement negotiations with the insurance company. Your car accident lawyer in Carrollton will reach out to the insurance adjuster and see if they’re willing to pay a portion of your claim. If they refuse to do so, you can continue to pursue your counter-claim.

You Can Still Settle a Counter Claim

Your attorney can try to settle your counter claim the same way you settle your lawsuit. Keep in mind, more than 90% of all car accident cases do settle out of court. Nobody wants to go to trial. They’re expensive and time consuming. Plus, you always risk losing in court. It’s usually in everyone’s best interest to negotiate an out of court settlement.

Whether or not you win your case will come down the evidence. Your attorney is going to gather as much evidence as possible to support your claim. This is why it’s important that you get a police report. This report will have a lot of information your lawyer needs to prove your case.

This is also why it’s so important that you seek medical treatment immediately after your car accident. Your lawyer will need your medical records to show that you were hurt. They can also use this information to prove how the accident took place. If need be, your lawyer will hire accident recreation specialists to prove fault.

Contact an Experienced Car Accident Lawyer in Carrollton Today

If you’ve been hurt in car accident, you need to call a Carrollton car accident lawyer. They’ll review your case and let you know what it may be worth. They can also answer any questions you may have.

Call the Carrollton car accident lawyers at John B. Jackson today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. You can bet the insurance company will have a team of lawyers working for them. You’ll want an experienced attorney by your side as well.