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Auto Accident Litigation

Gather all documentation regarding your accident. This includes medical records, photos and evidence of the scene of the crash, bills and pay stubs.

Evidence can disappear, witnesses may disappear or die and memories can fade. If you and the defendant fail to reach an agreement in this phase, then your case will be tried.

What is a lawsuit?

A lawsuit is a legal proceeding filed in the court of law in which the plaintiff seeks to hold the defendant liable for any loss. A plaintiff can request the court for financial compensation or other non-monetary "equitable relief." The defendant must answer to the complaint and may be required to pay damages if they are held liable.

The first step in the civil process is filing the complaint. The complaint outlines the facts of the case and lays out the legal foundations for holding the defendant accountable for the plaintiff's damages. The defendant must answer the complaint within a certain amount of time. They can deny the allegations and challenge the plaintiff's arguments, or ask for the case to be dismissed because of a the absence of a legal basis.

In addition, a defendant may choose to settle the case instead of going to trial. A settlement is a deal reached between the parties to stop litigation without determining liability for money.

There are also class actions, which combine multiple injuries into one claim for compensation. This makes for a more cost-effective and efficient lawsuit, as multiple parties are trying to file a claim. This is particularly advantageous when the damages are minor and the cost to pursue the case on its own is prohibitive.

What happens when a lawsuit is filed?

In car accident lawsuits the process usually starts with a lawsuit, which is filed with the court and served to the defendant. The defendant is given between 20 and 30 days to reply, also called an answer. During this period, they may present defenses to your personal injury claim or make counterclaims against you. They may also use discovery. This includes interrogatories, depositions or requests to produce (which could include photos, documents, video, and/or physical evidence) and requests for admission.

Based on the severity of your injuries and the insurance coverage of the person who caused your injuries or coverage, you can choose to settle your case outside of court. This is cheaper and quicker than pursuing a trial. If the insurance company refuses to pay a fair amount and you are not satisfied, your Long Island auto Accident Law firms accident attorney could decide to take them to court.

Generally, the damages you are entitled to receive are your documented expenses such as medical bills and property damage. In addition, you can sue for noneconomic damages like pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer who has vast experience can make sure that you get fair compensation for your losses. This is particularly crucial in the event that the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.

What do I get from a lawsuit?

If a victim of a car accident seeks compensation for their losses and injuries they have to be prepared to defend their claim. They'll likely require proof of their treatment. This could include doctors' notes and test results, aswell the receipts of any medical expenses that are related to the accident. They'll also need prove their damages such as loss of income or property damage as well as the pain and suffering. This is why it's vital to seek medical attention for any injury within a short time after a crash, making sure that all details are documented and is then provided to the insurance company as proof of loss.

During the process of discovery, your attorney will interview witnesses, experts and more to establish a solid case on your behalf. This could include depositions where the witness is required to testify under oath while being questioned by your attorney. The parties have the opportunity to listen and discuss each other's stories, evaluate the credibility of the evidence and decide on the best way to proceed.

After looking over the evidence, the judge or jury will decide whether the defendant is responsible for the accident. They will also determine the amount of damages you should receive. Based on the circumstances, this can take anywhere from just a few days to more than a year. If you are unhappy with the outcome the parties can appeal. It can be costly and time-consuming for both parties to appeal so it's crucial to begin preparing your case as soon as you can after a crash.

Why should I engage an attorney?

If an accident results in injuries, the victim faces expensive medical bills and property damage, not to mention lost wages from being unable to work. Taking legal action may be required to receive the compensation needed. An attorney in auto accidents will help you determine if the filing of a lawsuit is necessary in your case.

The first thing an attorney will do is ask for your medical records and other evidence that pertains to the incident. The evidence will be used to determine the extent and severity of your injuries from a car accident. Interviews with witnesses might also take place. In some instances experts such as mechanics and engineers might be called in.

It could take weeks, even months to complete the court process according to the circumstances of your accident. This is due to a range of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. During this time memories fade, witnesses could leave or pass away, and evidence may be lost.

A lawyer for car accidents will guide you through the legal options that are available to you during the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or not to sue and what damages you may be able to claim.