Auto Accident Litigation

Document everything that is related to your accident. This includes medical records, photos and evidence of the crash scene including bills and pay stubs.

Memories fade, witnesses might go away or die, and evidence may vanish. If you and the defendant are unable to reach a consensus in this stage, your case will be heard.

What is a lawsuit?

A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff can ask the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the suit and may be required to pay damages if found to be liable.

The first step in a civil lawsuit is filing the complaint. The complaint is a document that outlines the facts of the case and spells out the legal foundations for holding the defendant accountable for plaintiff's damages. The defendant must answer the complaint within a certain amount of time. They can contest the allegations and the arguments of the plaintiff, or request that the case is dismissed for lack legal cause.

A defendant may also decide to settle a matter rather than having it tried. Settlement is an agreement that is voluntary between parties that puts an end to litigation but without a determination of the parties' liability in exchange for financial award.

There are also class action lawsuits which combine a variety of injuries into one claim to recover compensation. This allows for more efficient and cost-effective litigation since multiple individuals are trying to pursue the same claim. This is particularly advantageous when the damages are minor and the cost to litigate individually would be prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents the process generally starts with a lawsuit, which is filed in court and served to the defendant. The defendant has 20-30 days to reply, also called an answer. During this time, they may argue against your personal injury claim, Auto accident and/or make counterclaims against you. They may also engage in discovery. This includes interrogatories (written questions) and depositions. They also can make requests for production (which could include videos, documents, photos or physical evidence) and requests for admissions.

You can 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 a less costly and quicker option than going to court. If the insurance company refuses to pay an amount you are able to afford and you are not satisfied, your Long Island auto accident attorney may decide that they will have to take them to the court.

Generally, the damages you are entitled to recover include your documented costs such as medical bills and property damage. You may also sue for noneconomic damages that you suffer from, like pain and suffering. Unfortunately, insurance companies frequently reduce the amount that victims are owed when it comes to estimating the non-economic damage. A lawyer who has vast experience can make sure that you receive fair compensation for your losses. This is particularly crucial in the event that the driver who caused the accident is not insured or has inadequate insurance coverage to cover damages.

What can I expect from a lawsuit?

If a victim of a car collision seeks compensation for their losses and injuries, they must be prepared to defend their claim. They'll likely require documentation of their treatment. This could include medical notes and test results, aswell with receipts for any medical expenses that are related to the accident. They will need to prove damages, including lost wages, property damage, and auto accident discomfort and pain. This is why it's vital to seek medical attention for any injury immediately following a crash, so all information is documented and presented to the insurance company as proof of loss.

During the discovery phase during the discovery phase, your attorney will interview experts, witnesses, and others to build an argument that is solid for you. Depositions are a common method where the witness gives their testimony under oath, and is questioned by your attorney. This lets both parties review all evidence, evaluate the credibility of the testimony and make an assessment of how to proceed.

After looking over the evidence, the judge or jury will decide whether the defendant was accountable for the accident. They will also decide the amount of damages you should receive. The case will vary, but this can take anywhere from several days to one year. If you are not satisfied with the outcome you can appeal to either party. The process of appealing can be time-consuming and expensive for both parties, therefore it is important to begin preparing 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 expensive medical bills along with damages to property and lost wages because of the inability to work. Legal action is often required to get the compensation you require. An attorney who handles auto accidents can assist you in determining if filing a lawsuit makes sense in your case.

The first step for an attorney would be to obtain your medical records as well as other documentation that is related to the accident. This evidence will be used to determine the extent and severity your injuries from a car accident. Interviews with witnesses can also take place. In some cases experts such as mechanics and engineers could be brought into.

Depending on the facts of your car accident, it could take weeks and months or one year to complete the entire process of suing in court. This is due a number of factors, including negotiations with insurance companies as well as discovery (analyzing the evidence of both parties) and setting court dates, as well being prepared for trial. During this time, memories can fade, witnesses can disappear or die, and evidence may be lost.

A lawyer for car accidents will help you understand the legal options available to you during an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or how to proceed and what damages you may be able to claim.