Auto Accident Litigation

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

Memories fade, witnesses may leave or pass away, and evidence can disappear. If you and the defendant are unable to reach an agreement in this stage your case will be taken to trial.

What is a lawsuit?

A lawsuit is an action in court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff can ask the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be required to pay damages if held liable.

The complaint is the primary step of a civil case. This document outlines the facts of the matter and lays out the legal foundations for holding the defendant accountable for the plaintiff's damages. The defendant must respond to the complaint within a certain period of time. They can contest the allegations and the arguments of the plaintiff or request that the case be dismissed for lack of legal grounds.

A defendant can also opt to settle a case rather than have it tried. A settlement is an agreement reached between the parties to stop litigation without determining the liability in exchange for money.

There are also class actions, which combine multiple injury claims into one claim for compensation. This allows for more cost-effective and efficient litigation because multiple people are fighting the same case. This is particularly beneficial when the injuries are relatively minor and the cost to litigate each case individually would be prohibitive.

How do lawsuits function?

In car accident lawsuits the process typically starts with a formal complaint that is filed in court and then sent 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 may also conduct discovery. This includes interrogatories (written questions), depositions, requests for production (which could include photographs, documents, videos or physical evidence) and requests for admissions.

Based on the severity of your injuries and the insurance coverage of the person who caused your injuries or coverage, you can choose to settle your case outside of court. This is a less costly and faster alternative to going to court. If the insurance company refuses to pay an amount you are able to afford, your Long Island auto accident attorney could decide to have to take them to court.

In general, you can seek damages for your documented expenses like medical bills or property damage. Additionally, you are able to claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when estimating the non-economic damage. An experienced car accident lawyer will use their vast experience to ensure that you are fairly compensated for your damages. This is particularly important if the at-fault driver does not have insurance or has insufficient insurance coverage to cover your damages.

What can I expect if I file an action?

If a victim of a car accident seeks compensation for their losses or injuries They will need to be prepared to defend their claim. They will have to provide evidence of their treatment, including the notes of a doctor and test results and receipts relating to any medical expenses. They'll need to prove damages, including lost wages or property damage, as well as pain and discomfort. This is why it's important to get medical attention for any injuries immediately following a crash, so all information is documented and is then presented to the insurance company to prove of loss.

During the discovery process Your attorney will interview witnesses, experts and more to build a strong case on your behalf. This could include depositions where the person is required to testify under oath, while being confronted by your attorney. This allows both parties the opportunity to listen and discuss each other's testimony, assess the credibility of the testimony and decide on how to proceed.

After reviewing the evidence, the judge or auto accident attorney jury will determine whether the defendant is responsible for the incident. They will also determine the amount of damages that you are entitled to. Depending on the case, it could take anything from several days to an entire year. If either party is unhappy with the decision, they can make an appeal. The process of appealing can be time-consuming and expensive for both parties, therefore it is important to begin preparing your case immediately following a crash.

Why should I engage an attorney?

If an accident results in injuries, the victim faces costly medical bills and property damage, not to mention lost wages as a result of being in a position of no work. A lawsuit may be necessary to obtain the money needed. An auto accident lawsuit accident attorney can assist in determining whether it is advisable to file a lawsuit in your situation.

The first thing an attorney will do is ask for your medical records and other documentation that pertains to the incident. The evidence will be used to determine the extent and severity of your injuries from a car accident. Witnesses could also be interviewed. In certain cases experts such as engineers or mechanics could be called in.

Based on the circumstances of the car accident depending on the circumstances of your car accident, it could take weeks or months, or the whole year to complete the entire process of suing in court. This is due to a variety of factors, including negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for court, and trial preparations. During this period, memories can disappear, witnesses could go away or even pass away, and evidence may be lost.

A car accident lawyer will assist you with the legal options that are available to you in the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer your questions regarding whether you should sue or settle and also what damages you can recover.