auto accident law firm Accident Litigation

Document everything that is in connection with the accident. This includes medical records, photographs and evidence of the crash scene, bills and pay stubs.

Memories fade, witnesses can disappear or die, and evidence could disappear. If you and the defendant cannot agree on a solution in this phase, then your case will be tried.

What is a lawsuit?

A lawsuit is an action in the court where the plaintiff tries 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 suit and may be ordered to pay damages if found to be liable.

The complaint is the first step of a civil case. This document provides all the facts and legal basis to hold the defendant accountable for the plaintiff's losses. The defendant has a set amount of time to reply to the complaint. They can deny any allegations and refute the plaintiff's arguments, or they can ask for the case to be dismissed for lack of legal reason.

In addition, a defendant may choose to settle the case rather than going to trial. Settlement is an agreement reached by the parties to end litigation without determining the extent of liability in exchange for money.

There are also class action lawsuits which combine many injury claims into one claim for compensation. This makes for more cost-effective and efficient litigation as multiple parties are seeking compensation for the same issue. This is especially beneficial when injuries are comparatively small and the cost of litigation for each individual would be prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits, the process usually begins with a formal complaint that is filed in court, and then served on the defendant. The defendant is then given between 20 and 30 days to respond or answer. During this period they may defend against your personal injury claim and/or create a counterclaim against you. They may also conduct discovery. This could include interrogatories, depositions as well as requests to produce (which may include photos, documents videos, documents, and/or physical proof), and requests for admissions.

Based on the extent of your injuries and the insurance coverage of the at-fault party, you may choose to settle your case out of court. This is a less costly and quicker alternative than going to court. If the insurance company refuses to pay the amount you deserve, your Long Island auto accident attorney may decide to go to court.

Generally speaking, the damages you can receive are your documented expenses such as medical bills and property damage. Additionally, you can seek compensation for noneconomic damages like pain and suffering. Insurance companies are known for underestimating the cost of non-economic damages. A lawyer who has extensive experience can ensure that you get fair compensation for your damages. This is particularly crucial when the driver at fault does not have insurance or lacks insurance coverage to pay for damages.

What do I get from a lawsuit?

When a car accident victim is seeking compensation for their injuries and losses they should be prepared to fight their claim. They will have to provide documentation of their treatment including medical notes and test results along with receipts relating to any medical expenses. They'll need to show damages, including lost wages damages to property, pain and discomfort. This is why it's important to seek medical attention for any injuries within a short time after a crash, so all information is documented and is then presented to the insurance company to prove of loss.

During the discovery stage the attorney will speak with witnesses, experts and other witnesses to construct 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. The parties are able to listen to all the accounts, evaluate the strength of the testimony, and then make an informed decision about the best way to proceed.

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 that you are entitled to. Based on the circumstances, it could take from one or two days to a year. If you are unhappy with the outcome, either party can appeal. It can be expensive and time-consuming for both parties to appeal therefore it is important to begin preparing your case as soon as possible after an accident.

Why should I hire an attorney?

If an accident causes injuries, the victim will have to pay expensive medical bills along with property damage and lost wages due to being unable work. Taking legal action may be essential to secure the amount of compensation required. An auto accident lawyers accident lawyer can assist you in determining whether a lawsuit would be appropriate in your case.

The first thing an attorney will do is request your medical records and other evidence relating to the accident. This evidence will be used to determine the extent and severity your injuries sustained in a car accident. Witnesses may also be interviewed. In some cases experts such as engineers or mechanics could be consulted.

It could take weeks, or months to complete the court process dependent on the circumstances of your accident. This is due to a range of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides) and auto accident attorney setting dates for trial, and preparations. In this period, memories can disappear, witnesses can go missing or die and evidence may be lost.

A car accident lawyer will assist you with the legal options that are available to you in a no-cost consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions about whether to decide to settle or sue, as well as what damages you can recover.