The Other Side Fights Back: Personal Injury Answers And Counters
If you have suffered an injury because of a bad driver or negligent business, you may be owed some compensation. Money damages cannot take away the pain of being hurt, but it can help replace things like property lost, wages lost, and medical expenses. If you intend to fight the other side in court, then you should understand what's happening when they fight back. Read on for an overview of how the other side might respond to a lawsuit.
After the suit is filed comes the answer: Once the other side knows all about your lawsuit through being served, you can expect a reply promptly. In most cases the summon laid out a specific time period for their response, and that response is sometimes known as an "answer."
While the petition or complaint lists the facts of your case as far as you are concerned, the answer addresses each and every one of those points by either:
1. admitting
2. denying
3. stating that there is insufficient knowledge at this time
In addition to addressing the allegations of wrong-doing, the defendants in the case will also set forth reasons why they should not be held responsible for the accident and should not have to pay the plaintiff's damages. Chief among the assertions in the answer will be a request that the case is dismissed for one reason or the other, which comes in the form of a motion to dismiss.
Back at you: Another important paperwork exchange after a lawsuit is filed is the counterclaim. The counterclaim uses the original lawsuit (the petition or complaint) as a basis and strikes back at the plaintiff for wrong-doing on their part. The counterclaim will detail the facts of the case from their own perspective and demand that the other side give in to their demands for relief, which will come in the form of monetary compensation.
Third parties and cross-claims: If the accident is more complicated, so are the lawsuits. Cross-claims are when there is more than just you and the other guy involved, and more prevalent when there are multiple vehicles involved in a wreck. Driver A sues Driver B who is sued by Driver C and D and so on. When a third party is involved, it's usually a case of passing off liability to another party. For example, if the defendants contend that it was the bad airbag that caused most of the plaintiff's injuries, they may institute a third-party suit against the manufacturers.
Lucky for you, it's not necessary for you to face these frustrating and complex situations alone. For more information, contact a lawyer like Cok Kinzler PLLP.
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