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Can You Countersue If You’re Named a Defendant in a Personal Injury Lawsuit?

If you are sued in a personal injury case, you may be wondering if you are able to countersue. In a negligence case, you are able to file a counterclaim if you feel that the plaintiff is responsible for an injury you sustained. These types of counterclaims are most often filed in auto accident cases.

If you are involved in an accident in St. George, Utah or any other town in the state, your insurance company is mostly likely to make the determination on whether to countersue. In any other personal injury case alleging negligence, your defense lawyer would determine whether or not you had a case to counterclaim.

A common counter claim, especially in auto accident lawsuits, is for contributory negligence. This claim is made when the defendant feels that the plaintiff failed to take actions to protect him or herself from injury as any reasonable person would do if faced with the same circumstances.

If a defendant’s claim of contributory negligence can be proven in court, the plaintiff may be stripped of the ability of recovering damages, or the amount of damages recovered may be reduced.

If you have been named a defendant in a personal injury case in St. George or anywhere else in Utah, you should contact a lawyer experienced in negligence claims – especially if you feel as though you have a basis for a countersuit.

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