Auto Accident Litigation

The first step is gathering all documentation pertaining to your accident. This includes medical records, photos and evidence of the scene of the crash including bills and pay stubs.

Memories fade, witnesses may move 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 in court where the plaintiff tries to hold the defendant responsible for a loss. A plaintiff may ask the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be forced to pay damages if they are found liable.

The complaint is the initial step in a civil case. This document outlines all the facts and legal bases for holding the defendant liable for the plaintiff's losses. The defendant must answer the complaint within a specific period of time. They may challenge the allegations and the arguments of the plaintiff, or request that the case is dismissed for lack of legal grounds.

A defendant can also choose to settle a matter rather than have it tried. A settlement is an agreement that is voluntary between parties that puts an end to litigation but without any determination of liability in exchange for a financial award.

There are also class actions which combine multiple injuries into a single claim for compensation. This makes for more efficient and cost-effective litigation since multiple individuals are pursuing the same claim. This is especially beneficial when injuries are comparatively small and the cost of individual litigation could be prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits the process typically starts with a complaint that is filed in court and then served on the defendant. The defendant has between 20 and 30 days to respond or answer. In this time, they can raise defenses against your personal injury claim and/or file a counterclaim against you. They may also pursue discovery. This can include interrogatories (written questions) as well as depositions, requests for production (which could comprise documents, photos, videos or even physical evidence) and requests for admission.

Depending on the degree of your injuries and the insurance coverage of the party at fault or coverage, you can choose to settle your case outside of court. This is a cost-effective and faster option than going to court. If the insurance company refuses to pay you a fair amount then your Long Island auto accident lawyer accident attorney could decide to go to court.

In general, you may be able to recover damages for the costs you have documented such as medical bills and property damage. Additionally, you can claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies often lowball victims when it comes to estimating the non-economic damage. A lawyer for car accidents with extensive experience can guarantee you are compensated fairly for your losses. This is particularly crucial in the event that the at-fault driver does not have insurance or lacks insurance coverage to cover your losses.

What can I expect from a lawsuit?

If the victim of a car accident seeks compensation for their injuries or losses They will need to be prepared to contest their claim. They must provide the evidence of their treatment such as the notes of a doctor and test results as well as receipts related to any medical expenses. They'll also need to prove their damages such as lost income, property damage and the pain and suffering. It is vital to seek medical attention right away after a crash, in case of injuries and ensure that all details can be documented and presented to the insurance company to prove the loss.

During the discovery process the attorney will speak with witnesses, experts and more to create a convincing case for you. This may include depositions in which witnesses testify under oath and is questioned by your attorney. This allows both parties to hear all accounts, assess the credibility of the evidence and make an informed decision about what to do next.

After review of the evidence, a judge or jury will decide whether the defendant is responsible for the incident. They will also decide the amount of damages that you are entitled to. It can take anywhere from several days and one year based on the particular case. If you're unhappy with the outcome, either party can appeal. It's costly and time-consuming for both parties to file an appeal so it's crucial to prepare your case in the earliest possible time after the crash.

Why should I choose to hire a lawyer?

When an accident causes injuries, the victim will be faced with expensive medical bills and property damage, as well as lost wages because they are in a position of no work. A lawsuit may be essential to secure the money needed. An auto accident attorney will help you determine if the filing of a lawsuit is necessary in your particular situation.

The first thing an attorney will do is request your medical records and other evidence that pertains to the incident. They will make use of this evidence to draw a picture of severity and extent of your car accident-related injuries. Witnesses can also be interviewed. In some cases experts such as mechanics or engineers could be brought in.

It could take weeks, even months, to complete the court procedure according to the circumstances of your accident. This is due to a variety of factors that include negotiations with the insurance company, discovery (analyzing evidence from both sides), setting the dates for court and trial preparations. In this period, memories can fade, witnesses may disappear or die or pass away, and evidence can be lost.

A car accident lawyer will guide you through the legal options you have during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions about whether to either settle or pursue a lawsuit and also what damages you could recover.