auto accident lawyer Accident Litigation

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

Memories fade, witnesses may go away or die, and evidence may disappear. If you and the Defendant are unable to reach an agreement during this phase, your case will go to trial.

What is a lawsuit?

A lawsuit is a legal action brought in an administrative court where the plaintiff seeks to hold the defendant accountable 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 ordered to pay damages if found to be responsible.

The first step in the civil process is filing the complaint. The document describes the facts of the case, and sets out the legal foundations for holding the defendant responsible for the plaintiff's damages. The defendant has a set period of time to respond to the complaint. They can contest the allegations and the arguments of the plaintiff, or ask to have the case dismissed for lack of legal grounds.

In addition the defendant has the option to settle the case rather than going to trial. A settlement is an agreement reached between the parties to end litigation without determining the liability in exchange for money.

There are also class action lawsuits, which combine a variety of injury claims into one for compensation. This makes for more efficient and cost-effective litigation as multiple parties are trying to pursue the same claim. This is particularly beneficial when injuries are comparatively small and the costs of individual litigation would be prohibitive.

How do lawsuits work?

In car accident lawsuits the procedure usually starts with a formal complaint, which is filed in the courtroom, and then sent to the defendant. The defendant has 20 and 30 days to respond, also called an answer. During this period, they can raise defenses against your personal injury claim and/or make a counterclaim against you. They may also conduct discovery. This could include interrogatories (written questions), depositions, requests for production (which could comprise photographs, documents, videos or physical evidence) and requests for admissions.

You may settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the party who was at fault. This is a cost-effective and auto accident quicker option than going to court. If the insurance company refuses to pay you the amount you deserve then your Long Island auto accident attorney could decide to take them to court.

In general, you can claim damages for auto accident your documented costs such as medical bills and property damages. You may also sue for non-economic damages including pain and suffering. Insurance companies are notorious for underestimating noneconomic damages. A lawyer who has vast experience can make sure that you are compensated fairly for your damages. This is especially crucial when the person at fault has no insurance or inadequate insurance coverage to cover damages.

What should I expect if I make a claim in an action?

When a victim of an accident seeks compensation for their injuries or losses they'll need to be prepared to fight their claim. They must submit proof of their treatment, such as the notes of a doctor and test results along with receipts relating to medical expenses. They will also need to show their damages, such as loss of income, property damage, and pain and suffering. It is vital 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 talk to experts, witnesses as well as other people to build a solid case for you. This may include depositions in which the person is required to testify under oath while being interrogated by your attorney. This lets both parties examine all accounts, determine the strength of the testimony and take a decision on what to do next.

After looking over the evidence, the judge or jury will decide which party is responsible for the incident. They will also decide the amount of damages you are entitled to. Based on the particular case, it could take anything from several days to a year. If one of the parties is unhappy with the outcome, they may appeal the decision. It's expensive and time-consuming for both parties to file an appeal therefore it is important to prepare your case as soon as possible after the crash.

Why should I choose to hire an attorney?

If an accident results in injuries, the victim is faced with high medical costs and property damage, in addition to the loss of wages due to being in a position of no work. Legal action is often required to secure the compensation you require. An attorney in auto accident law firm accidents can help determine if filing a lawsuit makes sense in your case.

The first thing an attorney will do is request your medical records as well as other documents related to the accident. They will use this evidence in order to draw a picture of extent and severity of your injuries sustained in a car accident. Interviews with witnesses might be conducted. In certain instances, experts such as engineers or mechanics can be called in.

It could take weeks, even months, to complete the court procedure according to the circumstances of your accident. This is due a number of factors, including negotiations with insurance companies and discovery (analyzing the evidence of both sides), setting dates for trial, as well being prepared for trial. During this time memories can fade, witnesses can disappear or die, and evidence may be lost.

A lawyer who handles car accidents will guide you through the legal options that are available to you in a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer your questions regarding whether you should either settle or pursue a lawsuit, as well as what damages you can recover.