Auto Accident Litigation

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

Memories fade, witnesses may leave or pass away, and evidence may vanish. If you and the defendant cannot come to an agreement during this phase your case will go to trial.

What is a lawsuit?

A lawsuit is an action in court where the plaintiff attempts to hold the defendant responsible for the loss. A plaintiff can request the court for monetary 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 to be liable.

The complaint is the primary step of a civil case. This document outlines all the facts and legal reasons for holding the defendant responsible for the plaintiff's losses. The defendant has a set amount of time to reply to the complaint. They can deny the allegations and counter the arguments of the plaintiff or request that the case is dismissed for lack of legal grounds.

A defendant may also choose to settle a matter rather than attempting to resolve it. A settlement is a voluntary agreement between the parties that puts an end to litigation without any determination of the liability in exchange for a cash settlement.

There are also class action lawsuits, which combine a variety of injury claims into a single claim for compensation. This allows for more cost-effective and efficient litigation because multiple people are trying to pursue the same claim. This is particularly 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 starts with a lawsuit, which is filed in the court and served to the defendant. The defendant is given between 20 to 30 days to respond, which is called an answer. During this period, they can argue against your personal injury claim, or make counterclaims against you. They may also use discovery. This includes interrogatories (written questions), depositions, requests for production (which could comprise videos, documents, photos or physical evidence), and requests for admission.

You may settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the party at fault. This is cheaper and less time-consuming than pursuing a trial. If the insurance company refuses to pay you a fair amount then your Long Island auto accident law firm accident attorney may decide to bring them to the court.

In general, you can claim damages for the documented costs like medical bills or property damage. You may also sue for damages that are not economic like pain and suffering. Insurance companies are known for underestimating the non-economic damages. An experienced car accident lawyer will use their vast experience to ensure you are fairly compensated for your injuries. This is especially crucial in the event that the at-fault driver does not have insurance or lacks insurance coverage to cover your damages.

What can I expect when I decide to file an action?

If the victim of a car crash seeks to recover for their injuries or losses, they will need to be prepared to defend their claim. They'll likely require documentation of their treatment. This could include doctors' notes and tests results, as well with receipts for any medical expenses related to the accident. They'll have to prove damages, such as loss of wages as well as property damage, discomfort and auto accident lawyer pain. This is why it's crucial to get medical attention for auto accident lawyer any injuries immediately following a crash so all information is documented and then provided to the insurance company to prove of loss.

During the process of discovery the attorney will speak with witnesses, experts and more to build a strong case for you. This could include depositions where the person testifies under oath, while being confronted by your attorney. The parties are able to review all evidence, evaluate the strength of the evidence and make a decision on what to do next.

After having reviewed the evidence, the judge or jury will decide whether the defendant is responsible for the incident. They will also determine the amount of damages you are entitled to. It can take anywhere from just a few days to a year depending on the circumstances. If you are not satisfied with the result the parties can appeal. The process can be lengthy and expensive for both parties, which is why it is important to begin preparing your case immediately following a crash.

Why should I engage a lawyer?

If an accident causes injuries the victim is required to pay high medical bills along with property damage and lost wages due to being unable work. Legal action could be necessary to get the compensation that is required. An auto accident lawyer can assist you in determining whether a lawsuit would be appropriate in your particular case.

The first step for an attorney would be to request your medical records and any other documentation related to the crash. The evidence will be used to determine the severity and extent of the injuries you sustained in a vehicle accident. Witnesses may also be interviewed. In certain instances, experts such as engineers or mechanics can be consulted.

Depending on the facts of your car accident, it could take weeks up to months or a year to go through the entire process of litigation in the court. This is due to a variety of factors like negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for court, and trial preparations. During this time memories fade, witnesses could go missing or die or die, and evidence could be lost.

An experienced car accident attorney will help you understand your legal options in a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can answer all your questions regarding whether or not you should sue and the damages you could be able to claim.