Personal Injury Counter-Suit

People who have been sued do not have to passively defend themselves in court. In many circumstances, defendants may become aggressors and file counter-lawsuits against the person who filed the original personal injury lawsuit.

Possible arenas for a personal injury counter-suit include car accident lawsuits, medical malpractice claims, and negligence lawsuits.

If you have been sued, and believe you have a counter-claim, connect with a local injury lawyer for a free consultation by filling out the form below:

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Filing a Personal Injury Counter-Suit

In American courts, if the original defendant has a claim against the person who brought the lawsuit in the first place, the defendant may file a counter-suit.

Counter-suits are an invention of modern civil procedure, and are designed to make personal injury cases more efficient.

Rather than filing a separate lawsuit, the defendant can simply add a counter-claim into the current case, saving time and money for parties and the court. Examples of common counter-suits include:

  • Car accident lawsuits. After one party files a car accident lawsuit against a defendant, the defendant may turn around and claim that the plaintiff was actually responsible for the accident.
  • Medical malpractice. If a patient sues a doctor in a medical malpractice lawsuit, the doctor or hospital may claim that the patient failed to properly follow the doctor's orders.

In a nutshell, personal injury counter-suits allow defendants to play a more offensive role in the courtroom.

Reasons for Personal Injury Counter-Suits

Not every counter-claim in a personal injury case is filed for the same reason. Defendants may file counter-suits for a variety of reasons, including:

  • Different claims. If one party sues another after a car accident, the defendant can bring a separate claim, as long as it’s related to the same incident that led to the original lawsuit.
  • Help with damages. A defendant may also file a claim against a third party for help paying damages to the plaintiff. These claims often involve actions against insurance companies.
  • Third party responsibility. If the defendant believes that a third party was responsible for the action that led to the lawsuit, that third party may also be sued.

Since the laws governing counter-claims are different in each state, defendants looking to file a personal injury counter-suit often turn to local attorneys for information on their state’s laws.

For more information on the rules of civil procedure in your state, contact a local injury attorney today.

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