Auto Accident Litigation

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

Memory fades, witnesses could move away or die and evidence may vanish. 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 a legal action brought in the court of law in which the plaintiff seeks to hold the defendant liable for a loss. A plaintiff may seek financial compensation, or other non-monetary "equitable remedies" from the court. The defendant is required to respond to the complaint.

The complaint is the first step of a civil case. The complaint outlines all facts and legal bases for determining the defendant's liability for the plaintiff's losses. The defendant has a set amount of time to reply to the complaint. They can argue against the allegations and the arguments of the plaintiff, or ask to have the case dismissed due to lack of legal reason.

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

There are also class actions which combine multiple injury claims into a single claim for compensation. This allows for more cost-effective and efficient litigation since multiple individuals are trying to pursue the same claim. This is especially advantageous when the injuries are relatively minor and the cost to litigate individually would be prohibitive.

How do lawsuits function?

In lawsuits involving car accidents the process typically begins with a complaint, which is filed in court and then served on the defendant. The Defendant then has between 20 and 30 days to respond or answer. In this time they may defend against your personal injury claim and/or file a counterclaim against you. They can also make use of discovery. This includes interrogatories (written questions), depositions, requests for production (which could include documents, photos, videos or even physical evidence), and requests for admissions.

Based on the degree of your injuries and the insurance coverage of the party at fault, you may choose to settle your case outside of court. This is a more cost-effective and faster option than going to court. If the insurance company refuses to pay you an amount you are able to afford then your Long Island auto accident attorneys accident attorney might decide to take them to court.

Generally, the damages you can recover include your documented costs such as medical bills and property damage. You may also sue for noneconomic damages, such as pain and suffering. Unfortunately, insurance companies typically lower the amount of compensation for victims when estimating noneconomic damages. A seasoned lawyer in car accidents has the experience to ensure you are adequately compensated for your losses. This is particularly important in the event that the driver who caused the accident does not have insurance or lacks insurance coverage to pay for damages.

What do I get from a lawsuit?

If a victim of a car accident is seeking compensation for their losses and injuries they have to be prepared to fight their claim. They will likely need documentation of their treatment, including doctors' notes and test results, aswell the receipts of any medical expenses incurred in connection with the accident. They'll also need prove their losses, such as lost income as well as property damage, the pain and suffering. This is why it's vital to seek medical attention for any injuries immediately following a crash, so that all the information is documented and is then presented to the insurance company to prove of loss.

During the discovery phase Your attorney will talk to experts, witnesses as well as other people to build a strong case for you. It could also include depositions where the witness is required to testify under oath as they are confronted by your attorney. This allows both parties the opportunity to hear each witnesses' accounts, evaluate the strength of the evidence and decide on what to do next.

After reviewing the evidence and evidence, a judge or jury will determine whether the defendant is accountable for the accident and the amount of damages you will receive. Based on the circumstances, it could take anything from several days to one year. If you are unhappy with the outcome, either party can appeal. It's expensive and time-consuming for both parties to appeal so it's crucial to get your case ready immediately following an accident.

Why should I employ an attorney?

If an accident results in injuries the victim will need to pay high medical bills along with property damage and lost wages because of being unable to work. Legal action may be needed in order to receive the compensation you require. An attorney for auto accidents can assist in determining whether filing a lawsuit makes sense for your situation.

The first step for an attorney would be to obtain your medical records and any other documentation that is related to the accident. This evidence will be used to determine the extent and severity your injuries in a car accident. Witnesses may also be interviewed. In some instances experts like engineers or mechanics may be brought in.

It could take weeks, or months, to complete the court procedure depending on the circumstances of your accident. This is due a number of factors, such as negotiations with insurance companies, discovery (analyzing the evidence of both parties), setting dates for trial, aswell with the preparations for a trial. During this period, memories can disappear, witnesses could go away, or even die, and evidence may be lost.

A lawyer who handles car accidents will walk you through the legal options that are available to you during a no-cost consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer your questions regarding whether you should settle or sue and what damages you are entitled to.