Can the Other Driver File a Counter-Claim for Our Car Accident Lawsuit in Athens?

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When people get into a car accident, rarely does anyone ever raise their hand and say the accident was their fault. In fact, both drivers will usually point the finger at the other driver. Nobody wants to admit that they’re partly at fault. Part of this is pride and ego. Another part is that they don’t want to set themselves up for a lawsuit later on. They know if they say they were at fault, the other driver will tell the cops what they said. They’ll also tell their insurance agent the same thing. If this happens, it could be very difficult for you to get compensation for your injuries.

This is why it’s never a good idea to talk about who was at fault with the other driver. Everyone knows how awkward it can be standing there and waiting for the cops to show up. You either wait in your car or you try to make small talk with the other driver. The problem is, you may end up saying something that will hurt your case later on. And, no matter how hard you try, the subject of who was at fault is going to come up. In fact, as soon as you get out of your car, you and the other driver are going to talk about what happened. Even the most innocent statement can be twisted and used against you later on. So, it’s a good idea to just let the other driver know that you’re going to wait in your car. Or, if this isn’t possible or safe, just tell them you have to make a call. That’s a good opportunity to call your experienced car accident lawyer in Athens, Georgia.

An Experienced Car Accident Lawyer in Athens Can Help if the Defendant Does File a Counter-Claim

Most car accident cases settle rather quickly. The accident investigation is usually pretty clear cut. For example, if someone hits you from behind, they’re probably going to be held responsible for the crash. However, there are times when both drivers insist the other is at fault. And, if the evidence isn’t clear one way or the other, you can have a situation where both drivers file a lawsuit. This is known as a counter-claim. Whoever files the initial lawsuit will be known as the plaintiff. But that doesn’t mean the other party can’t file suit as well. Their case will be deemed a counter-claim.

If this happens to you, it’s good to know that your lawyer can handle it for you. They’ll continue to try to negotiate a settlement with the defendant’s lawyer. However, if they file a counter-claim, it can be a lot harder to get the kind of money you want. In fact, there are lawyers out there who will file a counter-claim just to try to negotiate a much lower settlement. They figure, if you know the other driver is going to fight things out in court, it may be best for everyone to settle the case. Your Athens car accident lawyer understands this as well.

If the Defendant Files a Counter-Claim, Does That Mean You Lose?

A lot of people think that a counter-claim means you’re automatically going to lose your case. This isn’t true. Yes, it will make it a lot harder for you to win your case. However, the evidence doesn’t change just because someone files a counter-claim. Your attorney is still working with the same information. For example, if someone hits you from behind, they can’t rewrite history. The damage to the cars is going to show that they hit you from behind. And, if there are any videos of the event, it’s going to show what happened. A counter-claim can’t change the facts of the case.

What a counter-claim can do is lower the amount of your settlement. Knowing there’s a chance that you could lose in court will make you think twice. If you think you may get nothing, then you probably will be willing to take less money. However, your Athens car accident lawyer is going to do everything they can to get you as much money as possible.

Call and Schedule Your Initial Consultation with an Experienced Athens Car Accident Lawyer Today

If you are worried that the other driver is going to sue you for damages, you really need to call our office right away. Our car accident lawyers have the expertise and knowledge to get you the compensation you deserve. You can call and schedule a free initial consultation today.