auto accident lawyer Accident Litigation

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

Memory fades, witnesses could leave or pass away, and evidence can disappear. If you and the defendant are unable to reach an agreement in this stage, then your case will be heard.

What is a lawsuit?

A lawsuit is a proceeding in court in which the plaintiff seeks to hold the defendant accountable for the loss. A plaintiff may ask 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 first step in the civil process is filing the complaint. The complaint outlines all facts and legal reasons for holding the defendant liable for the plaintiff's losses. The defendant must respond to the complaint within a specific time frame. They may contest the allegations and the arguments of the plaintiff, or demand that the case be dismissed for lack legal cause.

A defendant can also choose to settle a case instead than attempting to resolve it. Settlement is a voluntary agreement between the parties that puts an end to litigation without any determination of responsibility in exchange for money-based award.

There are also class actions, which combine multiple injury claims into one claim for compensation. This results in a more cost-effective and efficient lawsuit, as multiple parties are in the process of pursuing a claim. This is particularly advantageous when injuries are comparatively small and the cost of litigation for each individual would be prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents, the procedure usually starts with a formal complaint, which is filed in court and then served on the defendant. The defendant has between 20 and 30 days to respond, also 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 use discovery. This could include interrogatories (written questions), depositions, requests for production (which could include videos, documents, photos or physical evidence), and requests for admission.

You may settle your case outside of court, based on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is a cheaper and faster alternative to going to court. However, if the insurance company is unwilling to provide you with an adequate amount of money or even a fair amount, your Long Island car accident attorney might decide to take them to trial.

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

What do I get from a lawsuit?

If the victim of a car crash seeks compensation for their injuries or losses they must be prepared to fight their claim. They will have to provide proof of their treatment, such as the notes of a doctor and test results along with receipts relating to any medical expenses. They'll also have to show their damages, such as lost income, property damage and pain and suffering. This is why it's vital to get medical attention for any injuries within a short time after a crash, making sure that all details are documented and presented to the insurance company to prove of loss.

During the discovery stage, your attorney will interview experts, witnesses as well as other people to build an evidence-based case for you. It could also include depositions where the witness is required to testify under oath and is challenged by your attorney. This lets both parties examine all accounts, determine the credibility of the testimony and take an informed decision about the best way to proceed.

After examining the evidence, a judge or jury will determine whether the defendant is accountable for the accident and determine the amount of damages you will be awarded. The process can take anywhere from a few days or one year, depending on the specific case. If you are unhappy with the outcome you can appeal to either party. It can be costly and time-consuming for both parties to appeal so it's crucial to get your case ready as soon as possible after the crash.

Why should I choose to hire an attorney?

If an auto accident attorney results in injuries, the victim will have to pay for medical bills that are costly in addition to the cost of property damage and lost wages because of the inability to work. Taking legal action may be necessary to get the money needed. An auto accident lawyer can assist you in determining whether a lawsuit would be appropriate for auto accident lawyer your particular situation.

The first step of an attorney's job will be to ask for your medical records and other documentation connected to the crash. This evidence will be used to determine the extent and severity your injuries sustained in a car accident. Witnesses can also be interviewed. In certain instances experts like mechanics or engineers may be called into.

Based on the circumstances of the car accident depending on the circumstances of your car accident, it could take weeks or months, or a year to go through the entire process of litigation in court. This is due to a variety of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. During this time, memories can fade, witnesses may move away, or even die, and evidence could be lost.

A lawyer for car accidents will help you understand the legal options you have during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions regarding whether you should settle or sue and also what damages you could recover.