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Massey Law

Personal Injury Lawyer Athens GA

  • About
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      • Attorney Ross Massey
      • Attorney Saif Ahmed
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athens ga

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

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 counter-claim 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. People can twist even the most innocent statement and use it 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, the law will probably hold them 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 your lawyer can handle it. They’ll continue to try to negotiate a settlement with the defendant’s lawyer. However, if they file a counter-claim, getting the kind of money you want can be much more complicated. There are lawyers out there who will file a counter-claim just to try to negotiate a much lower settlement. They figure that if you know the other driver will 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. You will probably be willing to take less money if you think you get nothing. However, your Athens car accident lawyer will do everything possible 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 will sue you for damages, you need to call our office immediately. 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.

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(706) 995-5122

Massey Law

1374 S Milledge Ave.
Athens, GA 30605
(706) 995-5122

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