Auto Accident Litigation

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

Memory fades, witnesses could leave or pass away, and evidence may vanish. If you and the Defendant do not reach a consensus at this point your case will go to trial.

What is a lawsuit?

A lawsuit is a legal action filed in a court of law wherein the plaintiff seeks to hold the defendant accountable for any loss. A plaintiff can request the court for financial compensation or other non-monetary "equitable relief." The defendant must answer to the complaint and may be ordered to pay damages if they are held liable.

The first step in the civil process is filing the complaint. The complaint is a document that outlines the facts of the matter and lays out the legal foundations for holding the defendant accountable for plaintiff's damages. The defendant must respond to the complaint within a specific period of time. They may contest the allegations and the arguments of the plaintiff or ask to have the case dismissed due to lack of legal reason.

Additionally, a defendant may choose to settle the case instead of going to trial. A settlement is a deal reached between the parties to end litigation without determining the extent of liability in exchange for money.

There are also class actions, which combine multiple injury claims into a single claim for compensation. This allows for a more cost-effective and efficient litigation, since multiple individuals are seeking compensation. This is especially beneficial when the damages are minor and the cost to litigate each case individually would be prohibitive.

What is the procedure for a lawsuit?

In lawsuits involving car accidents, the process typically begins with a complaint, which is filed in court and served to the defendant. The defendant has 20 and 30 days to respond, which is known as an answer. During this time, they may argue against your personal injury claim, and/or make counterclaims against you. They can also make use of discovery. This includes interrogatories (written questions) depositions, depositions, requests for production (which could include photographs, documents, videos or even physical evidence), and requests for admission.

Based on the extent of your injuries and the insurance coverage of the party at fault depending on the severity of your injuries, you could choose to settle your case outside of court. This is a cheaper and faster option than going to court. However, if the insurance company is not willing to provide you with a reasonable amount of money then your Long Island car accident attorney may decide to take the case to trial.

The damages you are entitled to receive are your documented expenses such as medical bills and property damage. Additionally, Auto Accident Attorney you can claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies typically undervalue victims when it comes to estimating the non-economic damage. A lawyer experienced in car accidents with extensive experience can ensure that you get fair compensation for your losses. This is particularly crucial in the event that the driver who caused the accident has no insurance or inadequate insurance coverage that covers damages.

What should I expect if I start a lawsuit?

If a victim of a car collision is seeking compensation for their injuries and losses They must be prepared to pursue their claim. They will likely need documentation of their treatment, including doctor's notes as well as test results, as well with receipts for any medical expenses incurred due to the accident. They'll also need to show their damages, such as lost income, property damage, and suffering and pain. It is important to seek medical attention right away after a crash for any injuries to ensure that all information is documented and provided to the insurance company to prove the loss.

During the process of discovery your attorney will question witnesses, experts and others to establish a solid case on your behalf. This could include depositions in which witnesses testify under oath while being confronted by your attorney. This allows both parties to examine all accounts, determine the credibility of the testimony, and then make an informed decision about what to do next.

After examining the evidence and evidence, a judge or jury will decide if the defendant is responsible for the accident, and the amount of compensation you'll receive. Depending on the case, this could take anywhere from one or two days to a year. If either party is dissatisfied with the decision, they can appeal. It can be expensive and time-consuming for both parties to appeal which is why it's essential to begin preparing your case as soon as you can after the crash.

Why should I engage an attorney?

If an accident causes injuries, the victim will have to pay for medical bills that are costly and also the cost of property damage and lost wages because of the inability to work. Legal action could be necessary in order to receive the compensation you need. An auto accident attorney can assist you in determining if the filing of a lawsuit is appropriate for your situation.

An attorney's first step will be to obtain your medical records and any other documents that is related to the accident. This evidence will be used to determine the extent and severity your injuries sustained in a car accident. Interviews with witnesses could also take place. In some instances, experts such as engineers or mechanics could be brought in.

Depending on the facts of the car accident It could take weeks or months, or an entire year to complete the entire process of suing in the court. This is due to a variety of factors, including negotiations with insurance companies, discovery (analyzing the evidence of both parties) and establishing court dates, as well as trial preparations. In this period memories fade, witnesses could go missing or die, and evidence may be lost.

A car accident lawyer will walk you through the legal options that are available to you during the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or not to sue and the damages you could be able to recover.