Auto Accident Litigation

Collect all the documentation in connection with your accident. This includes medical records and photos of the accident scene, as well as bills and pay stubs.

Memory fades, witnesses could disappear or die, and evidence may disappear. If you and the defendant cannot come to an agreement during this time your case will go to trial.

What is a lawsuit?

A lawsuit is a legal proceeding brought in the court of law in which the plaintiff seeks to hold the defendant accountable for any loss. A plaintiff may request the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be ordered to pay damages if they are held liable.

The complaint is the first stage of a civil action. The complaint is a document that outlines the facts of the case, and sets out the legal basis for holding the defendant responsible for the plaintiff's damages. The defendant must respond to the complaint within a specified amount of time. They can deny the allegations and counter the plaintiff's arguments, or request that the case be dismissed for lack of legal reason.

In addition, a defendant may choose to settle the case instead of going to trial. A settlement is an agreement reached between the parties to stop litigation without determining the extent of liability in exchange for money.

There are also class actions which combine multiple injuries into one claim for compensation. This allows for a more cost-effective and efficient litigation since many people are pursuing a claim. This is particularly beneficial when the injuries are relatively small and the cost of individual litigation would be prohibitive.

What happens when a lawsuit is filed?

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

Based on the extent of your injuries and the insurance coverage of the at-fault party or coverage, you can choose to settle your case outside of court. This is more cost effective and faster than pursuing a trial. If the insurance company refuses to pay an amount you are able to afford or even a fair amount, your Long Island Auto Accident law firms accident attorney could decide to go to court.

In general, you can claim damages for your documented costs like medical bills or property damage. You can also sue for non-economic damages including pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. A seasoned lawyer in car accidents can use their extensive experience to ensure you are fairly compensated for your damages. This is especially important when the driver at fault has no insurance or inadequate insurance coverage that covers damages.

What can I expect from a lawsuit?

When a victim of a car crash seeks to recover for their losses or injuries They will need to be prepared to fight their claim. They'll likely require documentation of their treatment, which could include medical notes and tests results, as well in receipts for any medical expenses incurred due to the accident. They'll also have to prove their damages such as loss of income as well as property damage, pain and suffering. This is why it's crucial to seek medical attention for Auto Accident Law Firms any injuries within a short time after a crash, so all information is documented and can be presented to the insurance company to prove of loss.

During the discovery phase the attorney will speak with experts, witnesses and other individuals to create a solid case for you. This may include depositions in which the person gives their testimony under oath, and is questioned by your attorney. This gives both parties the chance to listen to each other's testimony, assess the credibility of the testimony, and decide what to do next.

After reviewing the evidence, the judge or jury will decide whether the defendant is responsible for the accident. They will also decide the amount of damages that you are entitled to. The case will vary, but this could take anywhere from a few days to over an entire year. If one party is dissatisfied with the outcome, they can make an appeal. The process can be lengthy and expensive for both parties, so it is important to prepare your case right away following a crash.

Why should I hire a lawyer?

When an accident causes injuries, the victim faces expensive medical bills and property damage, plus lost wages as a result of being not able to work. Legal action might be required to obtain the compensation you require. An attorney for auto accident lawsuits accidents can assist you in determining if the filing of a lawsuit is appropriate in your case.

An attorney's first step will be to ask for your medical files and other documents related to the accident. This evidence will be used to determine the extent and severity your injuries in a car accident. Witnesses could also be interviewed. In certain instances experts such as mechanics or engineers can be brought to testify.

Depending on the facts of the car accident depending on the circumstances, it could take weeks up to months or a year to go through the entire process of suing in court. This is due to a number of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence of both parties), setting dates for trial, as well as trial preparations. In this time, memories can fade, witnesses might move away or even die, and evidence may be lost.

An experienced attorney for car accidents will explain your legal options during a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions regarding whether you should either settle or pursue a lawsuit and also what damages you can recover.