I'm Getting Sued for a Car Accident: Can I File a Counter Lawsuit?
We’ve written a lot about serious car accidents that cause catastrophic injuries on this blog. Usually, it’s from the POV of the plaintiff seeking compensation for their injuries and other hardships.
We’d like to flip the script a little. Have you ever wondered what to do if you’ve been named in a personal injury lawsuit for causing a car accident? Maybe this has happened to you, and the scariest part was that you felt that the crash was not your fault.
Let’s review some basics about getting named in a crash lawsuit and if you can file a car accident counterclaim. If that describes your current situation, please contact our Daytona Beach, Palm Coast, or DeLand, FL, law offices to set up a free case review.
What You Need to Do if You’re Named in a Car Accident Lawsuit
If you get sued for causing a car accident, here are three things you need to do:
Act Quickly
In the state of Florida, defendants usually have just 20 days to respond to a complaint after being served.
Be sure to check your summons as some deadlines can vary.
Contact Your Insurance Provider as Soon as Possible
After being served, you need to notify your insurance provider ASAP. Someone from the insurance company will let you know what steps to take next and what to expect.
Compile Relevant Documents and Evidence
A legal representative from the insurance company will typically let you know what documents you need to provide and any evidence necessary to help determine fault.
Consider Speaking With an Attorney About What Happened
If you feel like you were unjustly named in a car accident lawsuit, it’s worth speaking with a skilled personal injury attorney about what happened. They can let you know their thoughts on the matter and give you advice on your options.
For those of you in the Daytona Beach, Palm Coast, or DeLand areas, you can come to Chanfrau & Chanfrau for help. We offer free legal consultations and are ready to give you the clear-headed insight you need in this frustrating situation.
Reasons Why You May Be Named in a Car Accident Lawsuit
Typically after a car accident, vehicle damage, medical bills, and other losses related to the crash can be handled through insurance. A person may decide to file a lawsuit instead for a variety of reasons, including:
- Insurance Disputes with the Other Party - Different kinds of insurance issues can arise. Your insurance provider may deny you are at fault or not be willing to negotiate a settlement offer, causing the other party to sue you to seek as much money as possible.
- The Plaintiff Experienced Major Damages - Your insurance policy’s coverage limits may not cover the full extent of the vehicle damage or medical expenses from a crash. This can cause the other driver to sue in order to cover their substantial financial losses.
- Certain Losses Not Covered by Insurance - The harm and losses someone experienced during a crash may not all be covered by either person’s insurance. In these cases, the only way to receive compensation for these losses is through civil litigation.
- You Were Partly Responsible for the Car Accident - If you were partly responsible for the crash, the other driver could try to file a lawsuit to recoup more money to cover losses. We’ll note matters of partial fault in auto accident lawsuits a little bit later.
What if the Plaintiff Was Actually Responsible for the Crash?
Sometimes the person who caused a car accident or was more at fault for the collision attempts to sue another party. If you feel that the other driver should be held legally liable for causing a collision, it’s a good idea to speak with a personal injury lawyer about filing a counterclaim.
When Should I File a Counterclaim?
As a general rule, you should consider filing a counterclaim when you feel like you have a legitimate claim to compensation from the defendant in a civil case.
In these instances, you should consider:
- The damage to your vehicle
- Any damage to your property in the vehicle
- The injuries you sustained from the crash
- The cost of medical care after the collision
- The long-term effects of your injuries
- Any notable changes to your livelihood
There are many other considerations and factors when mulling over a potential counterclaim. To get advice from proven legal professionals, contact our law offices in Daytona Beach, Palm Coast, or DeLand for a free consultation.
Can I Still File a Counterclaim If I Am Partially to Blame for an Accident?
Yes. The state of Florida allows people who are partly at fault for a crash to seek legal damages.
You can recover damages if you were 50% or less at fault in an accident. If you are found to be 51% or more at fault, you cannot recover any damages.
Modified Comparative Negligence Explained
The above is a legal concept known as modified comparative negligence. It determines how much you can recover (if anything) based on your percentage of liability in an accident.
For example, if a jury finds that you were 25% at fault for a car crash at an intersection, you will still be able to collect 75% of the total damages awarded to you.
This is part of Florida’s HB 837 tort reform laws, which were intended to cut down the number of frivolous lawsuits in the state. HB 837 was signed into law on March 24, 2023.
How Our Law Firm Can Help You
Chanfrau & Chanfrau offers many advantages over other law firms in Central Florida.
Free Case Reviews for Personal Injury Clients
For any injury or accident case, your initial consultation with our team is free of charge. There’s no pressure or obligation. You get to tell us your story and how your life has been affected by your injuries. We’ll then let you know what steps you can take next.
Representation on a Contingency Fee Basis
If you hire us to work on your car crash or motorcycle accident lawsuit, you won’t have to pay a retainer or hourly rates for our legal services. We work on a contingency fee basis. That means clients only have to pay us if we can negotiate a fair settlement or win a favorable jury verdict. If we don’t win, you don’t pay — simple as that.
Extensive Resources and Access to Experts
Chanfrau & Chanfrau can use our connections to consult with experts in various fields, including medical treatment and crash investigations. This helps us build compelling and sound cases, giving us an edge when taking on big companies or powerful interests.
A History of Legal Excellence in Florida
The Chanfrau family has been part of Florida’s legal community for four generations going all the way back to 1936. The legal system is in our bones and our reputation is known throughout the legal field. We are proud to continue this tradition of excellence in the Sunshine State.
Request a Free Legal Consultation
Did you get named in a car accident lawsuit? Speak with lawyers who care and who understand Florida personal injury law. To set up your complimentary legal consultation, contact our personal injury lawyers today. We can meet at our law offices in Daytona Beach, Palm Coast, or DeLand, FL. We are ready to listen.
About William Chanfrau, Jr.
William M. Chanfrau, Jr. began his legal career in 1997 working for the State Attorney's office. He joined his father's practice in 2001 and became a managing partner at the firm in 2007. Mr. Chanfrau is a member of the Florida Bar, the Southern Trial Lawyers Association, the Volusia Civil Trial Lawyers Association, and other legal organizations.
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