After you’ve been involved in an automobile accident, and filed all the necessary paperwork, you may be stunned to find the other party—or their insurance company—asserting they were not at fault, or, worse, that you were at fault. If what you thought was going to be a simple claim process has suddenly gone south, you will need some information about the process in order to determine what to do next.
The Defendant Asserts No Negligence Was Involved
Perhaps you have filed your claim under the belief the other person was either reckless or negligent, and he or she is now asserting they behaved in the same manner as any judicious person would have. The plaintiff (you, if you filed the suit) must prove negligence as a prerequisite to collecting damages, therefore if the defendant can show that his actions were completely normal and reasonable, your claim may die a slow death.
The Defendant Asserts That You Were the Negligent Party
If the defendant asserts that any of the negligence involved in the accident was yours, then he has created a certain level of defense, at least in the handful of pure contributory negligence states. Comparative fault regulations are generally the standard in most states, however, so this will not often work as a defense. In contributory negligence states, if any of the fault for the accident was yours, then it can be argued that your own negligence was also a factor in the accident thereby barring your right to recover any damages from the other driver. In the comparative fault states, there will generally be a rule in place that allows you to sue if the other driver was at least more than fifty percent responsible.
The Defendant Asserts You Didn’t Fully Prove Your Case
As the plaintiff you have the weight of demonstrating negligence on the part of the other driver as well as proving that negligence caused you specific harm. In our system, defendants don’t have the responsibility of proving they are not responsible for an accident. If you are unable to prove the foundations of the case, then the other driver can be judged not liable. It’s very important that you or your lawyer have all elements of your case firmly in place before it ever goes to trial, or you may find yourself unpleasantly surprised.
The Defendant Asserts Your Injuries are Not Real
If the other driver claims you are exaggerating your injuries from the accident simply for the sake of collecting compensation—and is able to successfully prove this assertion—he may be able to walk away without any responsibility for your accident and resulting injuries. Ensure you are able to prove your injuries are medically factual through doctor’s reports, hospital reports and any paperwork pertaining to medications you are on as a result of the accident.
In twelve specific states, a car accident lawsuit may only be brought if your injuries are deemed “serious” under the specific rules of the state. The theory in this law is to prevent the filing of lawsuits for relatively “minor” accidents. However, if you have suffered a “minor” injury as the result of a car accident, and that injury is causing you considerable amounts of pain, medical bills and time away from work, you may disagree with your state’s definition of “minor.” Because this process can be incredibly complex, and because you don’t want to end up in court only to have the defendant claim any of the defenses above, it is crucial that you hire an experienced personal injury attorney who will be aware of the laws in your specific state.