Getting sued after being in a car accident can be confusing and stressful. If you find yourself in this situation, you might be asking yourself what the next steps are. Do not feel like you have to struggle alone.
Contact a Pennsylvania and New Jersey car accident lawyer to discuss your case and the claims being made against you. Your lawyer will advise you on the best course of action including how to negotiate a settlement, preparing a strategy for defense, and options surrounding going to court. Keep reading to learn what to do if someone sues you for a car accident.
The Legal Process After a Car Accident Lawsuit
A car accident is a terrible experience to go through, and being sued for it makes it even worse. When someone serves you with a lawsuit, they are seeking compensation for damages they believe are your fault.
A lawsuit could be served right away after a car accident or be an escalation after they have tried unsuccessfully to get a payout from your insurance company.
After you are served with a lawsuit, you have a limited time to respond. If you choose not to respond, the court has the opportunity to grant the plaintiff a default judgment. If the plaintiff wins their lawsuit by default, the court has the authority to take possession of your assets in order to pay the damages demanded.
If another person is suing you for a car accident that they believe is your fault, do not automatically assume that it will be a lost case. Your goal will be to establish evidence in your favor to prove that you were not liable for the crash or that the other party or parties shared liability to lessen the damages you will be responsible for.
Working with a car accident attorney will help ensure that you know the best ways to move forward and are aware of all your legal options.
Negligence and Liability in Car Accident Lawsuits
Lawsuits usually arise when the plaintiff believes that you, as the defendant, were acting negligently to cause the car accident. Negligence can include things like speeding, driving under the influence of drugs or alcohol, or running a stop sign.
The plaintiff must prove to the court that your actions or inaction caused the accident and, subsequently, the damages they are requesting you pay for.
In car accidents, however, multiple parties can be liable, and this can be an excellent way to defend your case if you cannot fully prove that you were not liable. Under both Pennsylvania law and New Jersey law, comparative negligence is a legal principle that determines how much compensation a plaintiff can recover based on the amount of fault shared by both parties.
For example, if a plaintiff was speeding and that contributed to the accident, the requested damages they seek will be lessened based on the percentage of fault the court attributes to their own actions.
The burden of proof lies with the plaintiff, which means that they need to fully establish to the court your liability. Your car accident lawyer can work to defend your case by finding evidence to prove your innocence or, ways to call into question the evidence set against you. This evidence could include photos from the accident scene, eyewitness testimony, police reports, and other records.
Consequences of a Car Accident Lawsuit
A car accident lawsuit can have a significant impact on your life, financially and emotionally. The full consequences of a car accident lawsuit can vary depending on the unique circumstances of your case. It is always important to consult with a qualified personal injury lawyer to understand personal injury case basics.
Financial consequences of a car accident lawsuit can include increased insurance premiums, the cost of legal defense, and the damages the plaintiff is claiming against you. These can include things like medical expenses, lost wages, property damage, and even pain and suffering. These costs can be substantial, and the court has the right to seize your assets if you are found guilty of negligence.
Other potential consequences include the stress and anxiety of a case, damage to your reputation, and difficulty obtaining insurance in the future. A serious lawsuit can also potentially impact your job, especially if you are required to miss work for court appearances.
The best way to avoid consequences like these is to obtain representation from an experienced lawyer to help guide you through the legal process, protect your rights, and fight for the best outcome possible.
Important Aspects of Timing in Car Accident Lawsuits
Timing is important in any lawsuit, and when you are being sued, it is vital to have prompt communication with the court and all other parties. Your car accident lawyer can help you make sure that you meet deadlines. Some to be aware of are the statute of limitations for filing a lawsuit, the deadline to respond to summons and discovery deadlines.
Since our firm represents clients in both New Jersey and Pennsylvania, we will list deadlines for both states. The statute of limitations is a term that refers to the deadline when someone can file a case against you. In both Pennsylvania Courts and New Jersey Courts, the statute of limitations for personal injury actions is generally 2 years.
Under Pennsylvania Legislation 231 Pa. Code §3.7, you have 20 days to respond after the date of the served lawsuit or the date of the filing. In New Jersey, you have 35 days to respond to a complaint in civil court. If you have questions about deadlines in regard to the car accident lawsuit filed against you, be sure to contact the law firm of Rand Spear for help.
Contact Rand Spear the Accident Lawyer for Help with Your Car Accident Lawsuit
Rand Spear The Accident Lawyer has successfully defended and settled personal injury cases over 30 years. We understand both sides of personal injury cases and will defend you to get the best possible outcome for your case. Our verdicts and settlements are proof of why we are one of the leading personal injury law firms in the Philadelphia, New Jersey Tri-State area.
Do not delay in getting started with defending your car accident lawsuit. Demand Rand and get the best representation. Contact our office today for a free, no-obligation case consultation and get all your questions answered.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
