Auto Accident Litigation

The first step is to gather all the documentation related to your accident. This includes medical records, photographs of the scene of the accident and also bills and pay stubs.

Evidence can vanish witnesses can disappear or die, and memories fade. If you and the defendant do not reach an agreement in this stage, then your case will be tried.

What is a lawsuit?

A lawsuit is an action filed in court in which the plaintiff seeks to hold the defendant responsible for the loss. A plaintiff can request the court for compensation in cash or other non-monetary "equitable relief." The defendant must answer to the complaint and may be forced to pay damages if they are found to be liable.

The complaint is the first stage of a civil action. This document provides all the facts and legal bases to hold the defendant accountable for the plaintiff's losses. The defendant has a predetermined period of time to respond to the complaint. They can deny the allegations and challenge the plaintiff's arguments, or they can demand that the case be dismissed because of a lack of legal cause.

In addition an accused can decide to settle the case rather than go to trial. A settlement is an agreement that is voluntary between parties that brings an end to litigation, but without a determination of the liability in exchange for a monetary award.

There are also class action lawsuits, which combine a variety of injury claims into a single claim to recover compensation. This results in a more efficient and cost-effective litigation, since multiple individuals are trying to file a claim. This is particularly advantageous when the injuries are relatively small and the expense to litigate individually would be prohibitive.

What is the procedure for a lawsuit?

In lawsuits involving car accidents the process usually begins with a complaint which is filed with the court and then served on the defendant. The defendant then has between 20 and 30 days to file their response called an answer. During this time, they may argue against your personal injury claim, and/or file counterclaims against you. They may also use discovery. This could include interrogatories (written questions), depositions, requests for production (which could comprise documents, photos, videos or even physical evidence) and requests for admissions.

Based on the severity of your injuries and the insurance coverage of the at-fault party, you may choose to settle your case outside of court. This is cheaper and faster than pursuing a trial. If the insurance company refuses to pay the amount you deserve or even a fair amount, your Long Island auto accident attorney may decide to bring them to the court.

The damages you are entitled to receive are your documented expenses like medical bills and property damage. In addition, you can sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. An experienced car accident lawyer will use their vast experience to ensure you are adequately compensated for auto accident your losses. This is particularly crucial if the at-fault driver does not have insurance or lacks insurance coverage to pay for your damages.

What do I get from a lawsuit?

If a victim of a car collision is seeking compensation for their injuries and losses, they must be prepared to fight for their claim. They will likely need documentation of their treatment. This could include doctor's notes and test results, as well with receipts for any medical expenses incurred in connection with the accident. They'll also need prove their losses, such as loss of income as well as property damage, the pain and suffering. It is essential to seek medical attention immediately after a crash, in case of injuries so that all the information can be documented and presented to the insurance company as proof of loss.

During the discovery stage the attorney will speak with witnesses, experts as well as other people to build an argument that is solid for you. This could include depositions in which the person testifies under oath and is interrogated by your attorney. The parties are able to hear all accounts, assess the credibility of the testimony and take a decision on what to do next.

After reviewing the evidence, the judge or jury will determine whether the defendant was responsible for the incident. They will also decide the amount of damages you are entitled to. The case will vary, but it could take from several days to an entire year. If you're unhappy with the outcome, either party can appeal. The process can be lengthy and costly for both parties, which is why it is important to prepare your case quickly after an accident.

Why should I engage a lawyer?

If an accident causes injuries the victim will need to pay for medical bills that are costly in addition to damages to property and lost wages due to the inability to work. Legal action could be necessary to get the compensation you need. An auto accident attorney can assist in determining whether it is advisable to file a lawsuit in your particular situation.

The first thing an attorney will do is request your medical records as well as other documents related to the accident. They will utilize this evidence to create a picture of severity and extent of your car accident-related injuries. Interviews with witnesses could also be conducted. In certain instances experts such as mechanics or engineers can be consulted.

Depending on the facts of the car accident, it could take weeks or months, or a year to go through the entire process of suing in the court. This is due to a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence from both parties) and establishing dates for trial, aswell as trial preparations. During this time memories disappear, witnesses can leave or pass away or die, and evidence could be lost.

A lawyer for car accidents will assist you with the legal options that are available to you in the free 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 decide to settle or sue, as well as the amount of damages you can claim.