auto accident lawsuits Accident Litigation

The first step is to gather all the documentation related to your accident. This includes medical records, photos and evidence of the scene of the crash such as bills and pay stubs.

Evidence may disappear, witnesses may die or move away and memories may fade. If you and the defendant do not reach a consensus in this stage your case will go to trial.

What is a lawsuit?

A lawsuit is a legal proceeding brought in a court of law wherein the plaintiff seeks to hold the defendant responsible for any loss. A plaintiff may ask for financial compensation, or other non-monetary "equitable remedies" from the court. The defendant is required to respond to the complaint.

The complaint is the initial step in a civil case. The document describes the facts of the matter and lays out the legal basis to hold the defendant accountable for plaintiff's damages. The defendant must respond to the complaint within a specific time frame. They may challenge the allegations and the arguments of the plaintiff or demand that the case be dismissed due to lack of legal reason.

In addition the defendant has the option to settle the case rather than going to trial. A settlement is an agreement reached between the parties in order to end litigation without determining liability in exchange for money.

There are also class actions which combine multiple injury claims into a single claim for compensation. This allows for more cost-effective and efficient litigation since multiple individuals are seeking compensation for the same issue. This is especially advantageous when the injuries are relatively small and the cost to litigate individually would be prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits the process usually starts with a formal complaint, which is filed with the court and then sent to the defendant. The defendant has between 20 and 30 days to file their response or answer. During this period they may argue defenses against your personal injury claim, and/or file a counterclaim against you. They may also pursue discovery. This can include depositions, interrogatories and requests for evidence (which may include photos, documents, video, and/or physical proof), and requests for admissions.

You may settle your case outside of court, based on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is a more cost-effective and quicker alternative than going to court. If the insurance company refuses to pay the amount you deserve and you are not satisfied, your Long Island auto accident attorney may decide to go to the court.

Generally, the damages you can get are those that you have documented like medical bills and property damage. You may also sue for damages that are not economic like pain and suffering. Unfortunately, insurance companies often undervalue victims when they estimate the non-economic damage. An experienced car accident lawyer can use their extensive experience to ensure that you get fairly compensated for your losses. This is especially important when the driver at fault does not have insurance or has insufficient insurance coverage to pay for your damages.

What can I expect from a lawsuit?

If a victim of a car accident is seeking compensation for their injuries and losses they have to be prepared to defend their claim. They will need to provide the evidence of their treatment such as the notes of a doctor and test results as well as receipts related to medical expenses. They'll need to prove damages, such as loss of wages or property damage, as well as pain and discomfort. This is why it's vital to get medical attention for any injury within a short time after a crash, making sure that all details are documented and provided to the insurance company to prove of loss.

During the discovery phase the attorney will speak with witnesses, experts and other individuals to create a strong case for you. This could include depositions in which the person is required to testify under oath and is interrogated by your attorney. The parties have the opportunity to hear each other's testimony, assess the strength of the evidence and then decide how to proceed.

After review of the evidence, a judge or jury will decide whether the defendant is responsible for the incident. They will also decide the amount of damages you should receive. This can take between several days and an entire year based on the circumstances. If one of the parties is unhappy with the outcome, they can file an appeal. It's expensive and time-consuming for both parties to appeal so it's crucial to plan your appeal in the earliest possible time after an accident.

Why should I hire an attorney?

If an accident results in injuries, the victim faces high medical costs and property damage, not to mention lost wages from being unable to work. It is necessary to get the money needed. An auto accident attorney can assist in determining whether the filing of a lawsuit is appropriate in your situation.

An attorney's first step will be to ask for your medical records as well as other documentation in connection with the accident. They will utilize this evidence to sketch a picture of the magnitude and severity of your injuries from a car accident. Interviews with witnesses may also be conducted. In some instances experts such as mechanics and engineers could be brought into.

Based on the circumstances of the car accident It could take weeks up to months or an entire year to complete the entire process of suing in the court. This is due a number of factors, including negotiations with insurance companies and discovery (analyzing the evidence from both parties) and establishing dates for trial, as well with the preparations for a trial. During this time, memories can fade, witnesses can leave or pass away and evidence may be lost.

A seasoned attorney for car accidents will guide you through your legal options during a complimentary consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We can answer all your questions regarding whether or not you should pursue a lawsuit and what damages you might be able to claim.