gonzales auto accident attorney Accident Litigation

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

Memories fade, witnesses can leave or pass away, and evidence may disappear. 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 a legal proceeding brought in a court of law, where the plaintiff seeks to hold the defendant accountable for any loss. A plaintiff can request the court for monetary compensation or other non-monetary "equitable relief." The defendant must answer to the complaint and may be ordered to pay damages if held liable.

The complaint is the primary step in a civil case. The document contains all the facts and legal grounds for holding the defendant liable for the plaintiff's losses. The defendant has a predetermined period of time to respond to the complaint. They can deny the allegations and counter the plaintiff's arguments, or demand that the case be dismissed because of a lack of legal cause.

A defendant can also choose to settle the case rather than having it tried. A settlement is a voluntary agreement between the parties that brings an end to litigation but without any determination of liability in exchange for a monetary award.

There are also class actions, Vimeo which combine multiple injuries into one claim for compensation. This results in a more efficient and cost-effective litigation because multiple people are pursuing a claim. This is particularly advantageous when the injuries are relatively small and the cost of litigation for each individual would be prohibitive.

How does a lawsuit proceed?

In lawsuits involving car accidents the process typically starts with a complaint which is filed with the court and then served on the defendant. The defendant is then given between 20 and 30 days to file their response which is known as an answer. In this time, they can raise defenses against your personal injury claim, and/or create a counterclaim against you. They may also conduct discovery. This includes interrogatories (written questions) as well as depositions, requests for production (which could comprise videos, documents, photos, and/or physical evidence) and requests for admission.

You can settle your case outside of court depending on the severity of the injuries you sustained and the insurance coverage of the party who was at fault. This is a more cost-effective and faster alternative to going to court. If the insurance company is not willing to pay you a fair amount of money, your Long Island car accident attorney might choose to take the case to trial.

In general, you can seek damages for your documented costs such as medical bills and property damages. You can also sue for damages that are not economic like pain and suffering. Unfortunately, insurance companies typically lowball victims when they estimate non-economic damages. A skilled lawyer for car accidents will use their vast experience to ensure that you receive fairly compensated for your losses. This is especially crucial when the driver at fault does not have insurance or lacks insurance coverage to cover your losses.

What can I expect should I file an action?

If the victim of a car crash seeks compensation for their losses or injuries they'll need to be prepared to fight their claim. They'll likely require documentation of their treatment, including doctors' notes and test results, as well with receipts for any medical expenses incurred due to the accident. They will need to prove damages, such as loss of wages as well as property damage, pain and Vimeo discomfort. It is important to seek medical attention promptly after a crash for any injuries so that all the information is documented and provided to the insurer as proof of loss.

During the discovery phase the attorney will speak with experts, witnesses and other individuals to create a strong case for you. This could include depositions where the witness is required to testify under oath as they are challenged by your attorney. This allows both parties the chance to listen to each witnesses' accounts, evaluate the credibility of the testimony and decide on the best way to proceed.

After looking over the evidence, the judge or jury will determine whether the defendant is responsible for the incident. They will also determine the amount of damages you should receive. Depending on the case, it could take from a few days to over an entire year. If you are not satisfied with the outcome you can appeal to either party. It's costly and time-consuming for both parties to file an appeal, so it's important to begin preparing your case in the earliest possible time after an accident.

Why should I engage an attorney?

If an accident results in injuries the victim will need to pay high medical bills along with damages to property and lost wages because of the inability to work. Legal action could be necessary to secure the compensation you need. A lawyer who specializes in auto accidents can help you determine whether a lawsuit would be appropriate in your case.

An attorney's first step will be to request your medical files and other documentation related to the crash. This evidence will be used to determine the extent and severity of your injuries from a car accident. Interviews with witnesses can be conducted. In certain cases experts like engineers or mechanics could be called in.

It could take weeks, or months, to complete the court process dependent on the circumstances of your accident. This is due to a range of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. In this time, the memories may disappear, Vimeo witnesses could go away, or even die, and evidence could be lost.

A car accident lawyer will walk you through the legal options that are available to you during an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll be able to answer any questions you have about whether to either settle or pursue a lawsuit and also the amount of damages you can claim.