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Auto Accident Litigation

The first step is gathering all documentation pertaining to your accident. This includes medical records, photographs and evidence of the crash scene, bills and pay stubs.

Evidence may disappear, witnesses may be killed or relocated and memories fade. If you and the Defendant cannot reach an agreement during this phase the case will go to trial.

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 accountable for any loss. A plaintiff may request the court for compensation in cash or other non-monetary "equitable relief." The defendant must answer to the complaint and may be required to pay damages if found to be responsible.

The complaint is the first step in a civil case. This document provides all the facts and legal grounds for determining the defendant's liability for Auto accident litigation the plaintiff's losses. The defendant has a certain period of time in which they must respond to the complaint. They may deny all allegations and refute the plaintiff's arguments, or ask for the case to be dismissed for insufficient legal grounds.

A defendant may also decide to settle the case rather than attempting to resolve it. A settlement is an agreement reached between the parties in order to end litigation without determining liability for money.

There are also class action lawsuits, which combine numerous injury claims into one claim to recover compensation. This makes for a more efficient and cost-effective litigation, since multiple individuals are in the process of pursuing a claim. This is especially advantageous in cases where injuries are not that significant and the cost of individual litigation would be prohibitive.

How do lawsuits proceed?

In lawsuits involving car accidents, the process typically begins with a formal complaint, which is filed with the court and then served on the defendant. The defendant has between 20 and 30 days to respond, commonly called an answer. In this time they may argue defenses against your personal injury claim, and/or make a counterclaim against you. They may also be involved in discovery. This can include depositions, interrogatories and requests for evidence (which may include documents, photos, video, and/or physical proof), and requests for admissions.

Based on the degree of your injuries and the insurance coverage of the party at fault, you may choose to settle your case out of court. This is a cheaper and faster alternative to going to court. If the insurance company refuses to pay an amount that is fair or even a fair amount, your Long Island auto accident attorney may decide that they will bring them to the court.

The damages you can get are those that you have documented like medical bills and property damage. You can also sue for non-economic damages, such as pain and suffering. Unfortunately, insurance companies typically lowball victims when it comes to estimating damages that are not economic. A car accident lawyer with extensive experience can ensure that you get fair compensation for your losses. This is particularly crucial if the at-fault driver has no insurance or insufficient insurance coverage to pay for your damages.

What should I expect if I start an action?

When a person who has been injured in a car crash is seeking compensation for their losses and injuries they should be prepared to pursue their claim. They must provide evidence of their treatment, including doctor's notes and test results as well as receipts related to medical expenses. They'll also need show their damages, such as loss of income as well as property damage, suffering and pain. It is essential to seek medical attention as soon as possible after a collision for any injuries so that all the information is documented and provided to the insurance company to prove the loss.

During the process of discovery your attorney will question witnesses, experts and more to create a convincing case for you. This could include depositions where the person is required to testify under oath while being questioned by your attorney. This lets both parties examine all accounts, determine the credibility of the testimony and make a decision on how to proceed.

After having reviewed the evidence, the judge or jury will decide whether the defendant was responsible for the incident. They will also determine the amount of damages that you should receive. The case will vary, but it could take anything from several days to one year. If you are unhappy with the result the parties can appeal. It can be costly and time-consuming for both parties to file an appeal so it's crucial to prepare your case immediately following the crash.

Why should I hire an attorney?

If an accident results in injuries the victim will be required to pay high medical bills in addition to damages to property and lost wages because of the inability to work. It is required to receive the compensation needed. A lawyer who specializes in auto accident claim accidents can help you determine whether a lawsuit is appropriate in your case.

The first thing an attorney will do is request your medical records and other documentation related to the auto accident lawsuit. This evidence will be used to determine the extent and severity of your injuries in a car accident. Interviews with witnesses can be conducted. In some cases experts such as mechanics and engineers can be brought in.

Depending on the facts of the car accident, it could take weeks or months, or the whole year to complete the entire process of suing in court. This is due a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both sides), setting court dates, as well being prepared for trial. During this period, memories may fade, witnesses might move away or even die, and evidence could be lost.

A lawyer for car accidents will walk you through the legal options you have during the free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll be able to answer any questions you have regarding whether you should sue or settle, as well as the amount of damages you can claim.