Fighting Car Accident Injury Claims: What To Do First

It can be unnerving for someone to find out they’re being sued, especially if they were the victim in the car accident and not the liable party. Sometimes, however, the liable party will attempt to turn the situation around and get compensation from the victim, which can mean the victim has to defend against the claim while filing a claim of their own. This can be frustrating and confusing, so the first step should always be to talk to a lawyer. 

Talk to a Lawyer About the Situation

As soon as someone finds out they’re being sued for car accident injuries and damages, it’s crucial to speak with a lawyer. Defending against a claim like this isn’t always easy, so having someone experienced to provide advice and assistance can make a huge difference in the potential outcome of the case. A lawyer can also help with coming up with good defenses, making sure deadlines are met, and explaining any possible options to their client.  

Read Summons Carefully

It is also important to read through the summons carefully. A summons will include all information about the case. It will also be delivered via a process server, not through the mail. If there is any question about the authenticity of a summons, a lawyer can take a look at it and find out if a case has been filed with the courts. It is never a good idea to ignore a summons, as doing so means missing deadlines and automatically losing the case. Instead, it’s important to check the response date on the summons and start working on an appropriate response. 

Gather Pertinent Evidence

Evidence will likely be needed to show that the victim did not cause the car accident. There is a lot of evidence that can be obtained after the fact, though it is better to collect and save evidence when the accident happens. A lawyer can help with obtaining surveillance footage, gathering information from eyewitnesses, and more to gather up the evidence needed to defend against the claim. 

Work With Lawyer on Defense

Once evidence is available, the lawyer and their client can start working on the defenses strategy. This will likely include showing how the accident occurred and that the victim did not do anything that could contribute to the accident happening. A lawyer will be able to let their client know what defenses exist and which ones are better to use for the specific case, as it can vary depending on the details of the accident. 

Respond to the Summons

As soon as possible after receiving the summons, the victim will need to file an answer in court. Along with responding to the summons, the victim may need to go to court, along with their lawyer, to state that they would like to fight the claim. The other option is to accept liability and pay compensation to the other driver. Once the courts have received the answer to the summons, the lawyer can help the client with the next steps needed. 

If you’ve been in a car accident that wasn’t your fault and have received a summons saying you’re being sued for the accident, do not wait to call a lawyer. Fast action is needed to start fighting the car accident injury claim and to prevent losing the case automatically.