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Auto Accident Litigation

Gather all documentation that pertains to the auto accident attorney. This includes medical records, photos and evidence of the crash scene as well as pay stubs, bills and other documents.

Evidence can disappear witnesses can disappear or die, and memories fade. If you and the Defendant do not reach a consensus at this point your case will go to trial.

What is a lawsuit?

A lawsuit is a legal proceeding filed in an administrative court where the plaintiff seeks to make the defendant accountable for a loss. A plaintiff could seek compensation in the form of monetary damages, or any other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.

The complaint is the initial step of a civil case. This document provides all the facts and legal grounds for holding the defendant responsible for the plaintiff's losses. The defendant must answer the complaint within a specific time frame. They can challenge the allegations and the arguments of the plaintiff, or ask to have the case dismissed due to lack of legal reason.

Additionally, a defendant may choose to settle the case instead of going to trial. A settlement is an agreement made between parties that puts the litigation to an end without a determination of the parties' liability in exchange for Auto Accident Litigation financial award.

There are also class actions, which combine multiple injury claims into a single claim for compensation. This results in a more cost-effective and efficient litigation because multiple people are seeking compensation. This is especially advantageous in cases where injuries are not that significant and the costs of individual litigation would be prohibitive.

How do lawsuits proceed?

In lawsuits involving car accidents the process usually begins with a complaint, which is filed in court and then served on the defendant. The defendant has between 20-30 days to respond, also called an answer. In this time they may make defenses against your personal injury claim, and/or create a counterclaim against you. They may also conduct discovery. This includes interrogatories (written questions) and depositions. They also can make requests for production (which could include videos, documents, photos, and/or physical evidence) 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 who was at fault. This is less expensive and quicker than going to trial. If the insurance company refuses to give you an amount that is reasonable and you are not satisfied, your Long Island car accident attorney may decide to take them to trial.

The damages you are entitled to get are those that you have documented such as medical bills and property damage. You can also sue for non-economic damages that you suffer from, like pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when estimating noneconomic damages. A car accident lawyer with vast experience can make sure that you receive fair compensation for your damages. This is especially crucial in the event that the driver who caused the accident does not have insurance or has inadequate insurance coverage to pay for damages.

What can I expect if I make a claim in an action?

If a victim of an accident seeks compensation for their injuries or losses they'll need to be prepared to contest their claim. They will need to provide evidence of their treatment, including doctor's notes and test results along with receipts relating to medical expenses. They'll need to show damages, such as lost wages or property damage, as well as pain and discomfort. It is important to seek medical attention promptly following a crash to treat any injuries, so that all information can be documented and presented to the insurance company to prove the loss.

During the discovery stage Your attorney will talk to witnesses, experts, and others to build a strong case for you. This could include depositions in which the person testifies under oath, while being interrogated by your attorney. This gives both parties the opportunity to listen and discuss each other's stories, evaluate the credibility of the testimony and decide on which way to proceed.

After review of the evidence, a judge or jury will decide whether the defendant was responsible for the incident. They will also decide the amount of damages that you should receive. Based on the particular case, this could take anywhere from a few days to over an entire year. If one of the parties is unhappy with the outcome, they can make an appeal. Appeals can be time-consuming and expensive for both parties, therefore it is important to prepare your case right away after a crash.

Why should I choose to hire an attorney?

If an auto accident claim results in injuries, the victim will be faced with costly medical bills and Auto Accident Litigation property damage, not to mention lost wages as a result of being incapable of working. A lawsuit may be essential to secure the compensation needed. An auto accident legal accident attorney can assist in determining whether the filing of a lawsuit is appropriate in your case.

The first thing an attorney will do is ask for your medical records and other evidence that pertains to the incident. They will make use of this evidence to create a picture of severity and extent of your injuries from a car accident. Witnesses could also be interviewed. In some instances, experts such as engineers or mechanics may be brought in.

It could take weeks, or months, to complete the court process depending on the circumstances of your accident. This is due to a variety of factors, including negotiations with insurance companies as well as discovery (analyzing the evidence of both sides), setting dates for trial, as well with the preparations for a trial. During this time, memories can disappear, witnesses can disappear or die or pass away, and evidence can be lost.

An experienced car auto accident legal attorney will explain your legal options during a complimentary consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We'll be able to answer any questions you have regarding whether you should settle or sue, as well as the amount of damages you can claim.