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Auto Accident Litigation

Gather all documentation regarding your accident. This includes medical records, images of the scene along with pay stubs and bills.

Memories fade, witnesses might disappear or die, and evidence could disappear. 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 action brought in a court of law, where the plaintiff seeks to hold the defendant responsible for any loss. A plaintiff may ask for monetary compensation, or other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.

The complaint is the primary step in a civil lawsuit. The complaint is a document that outlines the facts of the matter and lays out the legal basis to hold the defendant accountable for plaintiff's damages. The defendant has a predetermined amount of time to reply to the complaint. They may deny the allegations and counter the arguments of the plaintiff or ask to have the case dismissed due to lack of legal basis.

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

There are also class actions which combine multiple injuries into a single claim for compensation. This makes for more cost-effective and efficient litigation since many people are fighting the same case. This is particularly beneficial when the damages are minor and the cost to litigate each case individually would be prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents, the procedure usually begins with a formal complaint that is filed with the court and then served on the defendant. The defendant has between 20 and 30 days to respond, known as an answer. During this period, they can raise defenses to your personal injury claim and/or make counterclaims against you. They may also pursue discovery. This could include interrogatories (written questions) as well as depositions, requests for production (which could comprise photographs, documents, videos or physical evidence) and requests for admission.

You can settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is a cheaper and quicker option than going to court. However, if the insurance company is unwilling to offer you a reasonable amount of money and you are not satisfied, your Long Island car accident attorney could decide to bring them to trial.

Generally, the damages you are entitled to be compensated for are the documented costs like medical bills and property damage. You may also sue for non-economic damages like pain and suffering. Insurance companies are known for underestimating the cost of non-economic damages. A lawyer experienced in car accidents with extensive experience can ensure that you receive fair compensation for your losses. This is particularly important if the driver at fault is not insured or has inadequate insurance coverage that covers damages.

What can I expect if I start a lawsuit?

If a person who has been injured in a car crash seeks compensation for their injuries or losses They will need to be prepared to defend their claim. They will need to provide evidence of their treatment, including medical notes and test results along with receipts relating to medical expenses. They will need to prove damages, including loss of wages damages to property, pain and discomfort. It is important to seek medical attention right away after a crash for any injuries to ensure that all information can be documented and submitted to the insurance company to prove the loss.

During the process of discovery the attorney will speak with witnesses, experts and more to establish a solid case on your behalf. Depositions are a common method where the person is required to give their testimony under oath and is questioned by your attorney. The parties are able to listen to all the accounts, evaluate the credibility of the evidence and make a decision on how to proceed.

After examining the evidence, a judge or Auto Accident Litigation jury will determine whether the defendant is accountable for the auto accident claim and the amount of damages you should be awarded. It can take anywhere from a few days or an entire year based on the particular case. If either party is unhappy with the decision, they can file an appeal. It's costly and time-consuming for both parties to file an appeal, so it's important to begin preparing your case immediately following the crash.

Why should I hire a lawyer?

If an accident causes injuries the victim is required to pay high medical bills in addition to loss of wages and property damage due to the inability to work. Legal action may be needed in order to receive the compensation you require. An attorney who handles auto accident law accidents can assist you in determining if it is advisable to file a lawsuit in your case.

The first thing an attorney will do is ask for your medical records as well as other documents relating to the accident. The evidence will be used to determine the extent and severity of your injuries from a car accident. Witnesses are also interviewed. In certain cases, experts such as engineers or mechanics can be brought in.

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

A lawyer for car accidents will guide you through the legal options that are available to you in an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll answer your questions regarding whether you should settle or sue, Auto Accident Litigation as well as what damages you could recover.