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Auto Accident Litigation

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

Memories fade, witnesses might go away or die, and evidence can disappear. If you and the defendant cannot agree on a solution in this stage, then your case will be tried.

What is a lawsuit?

A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff can seek an amount of money, or other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.

The first step in the civil process is filing the complaint. This document provides all the facts and legal grounds for determining the defendant's liability for the plaintiff's losses. The defendant must respond to the complaint within a specified period of time. They can challenge the allegations and the arguments of the plaintiff or ask to have the case dismissed for lack legal cause.

A defendant may also choose to settle a case instead than having it tried. Settlement is an agreement between the parties that brings an end to litigation without a determination of responsibility in exchange for cash settlement.

There are also class action lawsuits which combine many injury claims into one claim for compensation. This makes for more cost-effective and efficient litigation because multiple people are fighting the same case. This is particularly advantageous when the injuries are relatively small and the cost of litigation for each individual would be prohibitive.

How do lawsuits work?

In car accident lawsuits the process typically begins with a complaint which is filed with the court and served to the defendant. The defendant is then given between 20 and 30 days to respond, known as an answer. During this period, they may make defenses to your personal injury claim, auto accidents and/or make counterclaims against you. They may also engage in discovery. This could include interrogatories (written questions), depositions, requests for production (which could comprise videos, documents, photos, and/or physical evidence), and requests for admissions.

Depending on the severity of your injuries and the insurance coverage of the at-fault party or coverage, you can choose to settle your case out of court. This is a more cost-effective and quicker alternative than going to court. If the insurance company refuses to pay you a fair amount or even a fair amount, your Long Island auto accident law firm accident attorney may decide that they will take them to the court.

In general, you can recover damages for your documented expenses like medical bills or property damages. In addition, you can sue for non-economic damages such as pain and suffering. Insurance companies are known for underestimating the non-economic damages. A seasoned lawyer in car accidents will use their vast experience to ensure that you are fairly compensated for your injuries. This is particularly important when the driver at fault does not have insurance or lacks insurance coverage to cover your damages.

What should I expect if I file a lawsuit?

If a victim of a car accident seeks compensation for their losses and injuries they should be prepared to fight their claim. They will have to provide the evidence of their treatment such as doctor's notes and results from tests along with receipts relating to any medical expenses. They'll need to prove damages, including loss of wages or property damage, as well as discomfort and pain. This is the reason it's essential to get medical attention for any injuries within a short time after a crash, to ensure that all information is recorded and then presented to the insurance company to prove of loss.

During the process of discovery your attorney will question witnesses, experts and others to build a strong case for you. It could also include depositions where witnesses testify under oath while being confronted by your attorney. The parties are able to hear all accounts, assess the credibility of the evidence and make the decision on the best way to proceed.

After reviewing the evidence after which a jury or judge will determine if the defendant is accountable for the accident, and the amount of compensation you'll be awarded. Depending on the case, this could take anywhere from just a few days to more than an entire year. If you are not satisfied with the outcome you can appeal to either party. Appeal hearings can be long and expensive for both parties, so it is crucial to plan your case right away after the crash.

Why should I hire an attorney?

If an accident causes injuries the victim is required to pay medical bills that can be costly in addition to loss of wages and property damage because of the inability to work. Legal action is often required in order to receive the compensation you need. An attorney for auto accidents can help determine if filing a lawsuit makes sense in your case.

The first step of an attorney's job will be to ask for your medical records and other documents that is related to the accident. They will use this evidence to create a picture of degree and severity of your injuries sustained in a car accident. Interviews with witnesses might also take place. In some instances experts such as mechanics or engineers can be brought to testify.

It could take weeks, or months to complete the court procedure depending on the circumstances of your accident. This is due to a range of factors, including 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 can disappear, witnesses can disappear or die or pass away, and evidence can be lost.

A lawyer who handles car accidents will guide you through the legal options that are available to you in a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can answer all your questions regarding whether or not to sue and the damages you could be able to claim.