Coping with an accident can be challenging, but some accidents call for more attention. An already complex accident could become even more confusing if countersuits or counterclaims are filed. Read on and find out more.
The Same But Different
Counterclaims and countersuits are similar to each other in that they both involve parties that take action against each other. The difference between the two is that a counterclaim involves a settlement and a countersuit involves filing a lawsuit. For example, you might have a counterclaim filed against you if the other driver is claiming that you were at fault or partially at fault for an accident. Likewise, a countersuit happens when the other driver responds to your lawsuit with a suit of their own.
Settlements and Judgments
These two ways of complicating a car accident case reflect a somewhat confusing aspect of car accident situations. In most cases, a settlement is preferable over filing a suit. That means you settle the case before you let the court decide on things. A settlement means the parties have agreed to a financial sum of money outside of court. When you are speaking of a counterclaim, the other side is also, unfortunately, seeking a settlement outside of court from your insurers.
Judgments, on the other hand, are the result of a court case coming to its end. The jury will hear evidence about the accident and arrive at a verdict or judgment in which a sum of money will be paid to you. As with a counterclaim, a countersuit usually means that the parties have filed suit against each other and are expecting the jury to rule on their side.
Defending Against Counter Actions
It's important to speak to a personal injury lawyer about your accident case, particularly when counterclaims and countersuits are involved. In most cases, counter actions are all about proving fault and several forms of evidence will come into play. Your lawyer will be challenged to not only prove your damages, such as medical bills, lost wages, etc but to also prove that the other driver was at fault. To that end, photographs, reports, witnesses, and experts are used to revisit and reconstruct the accident.
You may be in danger of being on the wrong end of a claim or suit. Don't delay in speaking to a personal injury lawyer who can both defend your part in the accident and get you paid for your damages.Share