auto accident lawyer Accident Litigation

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

Evidence may disappear witnesses can pass away or disappear and memories fade. If you and the Defendant cannot reach an agreement at this point your case will go to trial.

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 may ask for an amount of money, or other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.

The complaint is the initial step in a civil lawsuit. The document describes the facts of the case and lays out the legal grounds for holding the defendant accountable for the plaintiff's damages. The defendant must answer the complaint within a specified amount of time. They may deny the allegations and counter the arguments of the plaintiff, or demand that the case be dismissed for lack legal cause.

A defendant may also decide to settle a matter rather than having it tried. 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 actions which combine multiple injuries into a single claim for compensation. This allows for a more efficient and cost-effective litigation because multiple people are trying to file a claim. This is especially beneficial when the injuries are relatively small and the cost to litigate on your own would be prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits, the process typically begins with a formal complaint, which is filed in the courtroom, and then delivered to the defendant. The Defendant then has between 20 and 30 days to file their response which is known as an answer. During this period they may defend against your personal injury claim, and/or make a counterclaim against you. They can also engage in discovery. This could include interrogatories (written questions) as well as depositions, requests for production (which could comprise documents, photos, videos or even physical evidence) and requests for admission.

You may settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is a more cost-effective and faster option than going to court. If the insurance company refuses to pay you an amount that is fair then your Long Island auto accident attorney may decide to have to take them to court.

Generally, the damages you are entitled to receive are your documented expenses such as medical bills and property damage. Additionally, you are able to sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when estimating the non-economic damage. A skilled lawyer for car accidents can use their extensive experience to ensure that you get adequately compensated for your losses. This is especially crucial in cases where the at-fault party does not have insurance or has insufficient insurance coverage to cover your damages.

What can I expect should I start a lawsuit?

When a person who has been injured in a car crash seeks compensation for their losses and injuries they should be prepared to fight for their claim. They will need to provide the evidence of their treatment such as doctor's notes and test results and receipts relating to any medical expenses. They will also need to prove their damages, including lost income or property damage as well as the pain and suffering. This is why it's vital to seek medical attention for any injuries immediately following a crash to ensure that all information is recorded and provided to the insurance company to prove of loss.

During the process of discovery your attorney will question witnesses, experts and others to create a convincing case for you. This may include depositions in which the witness is required to testify under oath, while being confronted by your attorney. This allows both parties to listen to all the accounts, evaluate the credibility of the evidence and make a decision on how to proceed.

After examining the evidence after which a jury or judge will determine whether the defendant is responsible for the incident and the amount of damages you should receive. This can take between a few days and over one year based on the circumstances. If you are unhappy with the result the parties can appeal. Appeals can be time-consuming and expensive for both parties, therefore it is important to begin preparing your case right away after the crash.

Why should I employ an attorney?

When an accident causes injuries, the victim has to pay high medical costs and property damage, plus lost wages from being not able to work. A lawsuit may be essential to secure the money needed. An auto accident attorney can assist you in determining if the filing of a lawsuit is appropriate for your situation.

The first step for an attorney would be to ask for your medical records as well as other documentation related to the accident. They will use this evidence to create a picture of degree and severity of your injuries from a car accident. Witnesses could also be interviewed. In some instances experts like engineers or mechanics may be brought in.

Based on the circumstances of your car accident, 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 variety of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides), setting dates for trial, and preparations. During this time, memories can fade, witnesses could move away or die or die, and evidence could be lost.

An experienced lawyer for car accidents will help you understand your legal options during a complimentary consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions regarding whether you should decide to settle or sue, as well as what damages you are entitled to.