Auto Accident Litigation

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

Memories fade, witnesses might disappear or die, and evidence may vanish. If you and the defendant do not reach an agreement in this stage, your case will be tried.

What is a lawsuit?

A lawsuit is a legal proceeding filed in the court of law in which the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff could seek an amount of money, or other non-monetary "equitable remedies" from the court. The defendant has to respond to the complaint.

The first step in a civil lawsuit is to file the complaint. This document outlines the facts of the case, and sets out the legal basis for holding the defendant accountable for plaintiff's damages. The defendant must answer the complaint within a predetermined period of time. They may deny all allegations and counter the plaintiff's arguments, or they can demand that the case be dismissed due to insufficient legal grounds.

In addition, a defendant can choose to settle the case rather than go to trial. A settlement is an agreement between the parties that brings an end to litigation but without any determination of the liability in exchange for a monetary award.

There are also class action lawsuits, which combine a variety of injury claims into one to recover compensation. This allows for more efficient and cost-effective litigation since multiple individuals are trying to pursue the same claim. This is especially beneficial when the injuries are relatively small and the cost of litigation for each individual would be prohibitive.

How does a lawsuit work?

In car accident lawsuits, the process typically begins with a complaint, that is filed in court and served to the defendant. The defendant is then given between 20 and 30 days to file their response which is known as an answer. During this time, they could make defenses to your personal injury claim, and/or make counterclaims against you. They may also engage in discovery. This includes interrogatories, depositions, requests to produce (which could include documents, photos or video proof) and requests for admissions.

Based on the severity of your injuries as well as the insurance coverage of the person who caused your injuries You may decide to settle your case out of court. This is a cost-effective and faster option than going to court. If the insurance company refuses to pay you the amount you deserve then your Long Island auto accident lawyer accident attorney may decide that they will bring them to court.

Generally, auto accidents the damages you are entitled to be compensated for are the documented costs such as medical bills and property damage. In addition, you may sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating damages that are not economic. A seasoned lawyer in car accidents has the experience to ensure that you receive adequately compensated for your losses. This is particularly important when the person at fault is not insured or has inadequate insurance coverage to pay for damages.

What can I expect if I file an action?

If the victim of a car crash seeks compensation for their injuries or losses they must be prepared to contest their claim. They'll likely require documentation of their treatment. This could include medical notes and test results, as well with receipts for any medical expenses related to the accident. They'll have to prove damages, including loss of wages or property damage, as well as discomfort and pain. It is important to seek medical attention as soon as possible after a collision for any injuries so that all the information can be documented and presented to the insurance company to prove the loss.

During the discovery stage, your attorney will interview experts, witnesses as well as other people to build an evidence-based case for you. This could include depositions, in which the person testifies their testimony under oath and is asked questions by your attorney. This lets both parties examine all accounts, determine the strength of the testimony and take a decision on the best way to proceed.

After looking over the evidence, the judge or jury will determine whether the defendant was responsible for the accident. They will also decide the amount of damages you are entitled to. The case will vary, but this can take anywhere from just a few days to more than an entire year. If you're unhappy with the outcome, either party can appeal. The process of appealing can be time-consuming and expensive for both parties, so it is important to prepare your case as soon as possible after the crash.

Why should I engage an attorney?

If an accident results in injuries, the victim has to pay high medical costs and property damage, plus lost wages from being unable to work. Legal action may be needed to obtain the compensation you need. An attorney who handles auto accidents will help you determine if the filing of a lawsuit is appropriate in your situation.

The first step for an attorney will be to obtain your medical records and other documentation connected to the crash. They will use this evidence in order to create a picture of extent and severity of your injuries sustained in a car accident. Interviews with witnesses could be conducted. In some cases experts like engineers or mechanics could be consulted.

Based on the circumstances of the car accident depending on the circumstances, it could take weeks and months or one year to complete the entire process of litigation in the court. This is due to a number of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence from both parties), setting court dates, as well in the preparations for trial. In this period memories can fade, witnesses can go missing or die and evidence may be lost.

An experienced car accident attorney will guide you through your legal options in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, auto accidents LA. We can answer all your questions about whether or not you should pursue a lawsuit and what damages you may be able to recover.