Auto Accident Litigation

Gather all documentation related to your accident. This includes medical records and images of the scene and also pay stubs and bills.

Evidence may disappear, witnesses may pass away or disappear and memories may fade. If you and the defendant fail to come to an agreement during this stage, your case will be heard.

What is a lawsuit?

A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant accountable for the loss. A plaintiff may ask the court for monetary compensation or other non-monetary "equitable relief." The defendant must answer to the complaint and could be ordered to pay damages if held liable.

The first step in the civil process is filing the complaint. The document contains all the facts and legal reasons to hold the defendant accountable for the plaintiff's losses. The defendant has a set period of time to respond to the complaint. They can deny any allegations and counter the plaintiff's arguments, or they can demand that the case be dismissed due to lack of legal cause.

In addition the defendant has the option to settle the case rather than going to trial. A settlement is an agreement that is voluntary between parties that brings an end to litigation, but without any determination of the parties' liability in exchange for money-based award.

There are also class actions, which combine multiple injuries into a single claim for compensation. This results in a more efficient and cost-effective litigation, since multiple individuals are in the process of pursuing a claim. This is particularly beneficial when the injuries are relatively minor and the cost to litigate each case individually would be prohibitive.

What is the procedure for a lawsuit?

In lawsuits involving car accidents the process usually begins with a complaint, which is filed in the court and served to the defendant. The defendant has between 20-30 days to respond, commonly known as an answer. During this period, they can raise defenses to your personal injury claim, and/or file counterclaims against you. They may also be involved in discovery. This can include depositions, interrogatories and requests for evidence (which may include photos, documents, video, and/or physical evidence) and requests for admissions.

Depending on the severity of your injuries and the insurance coverage of the at-fault party You may decide to settle your case out of court. This is cheaper and quicker than pursuing a trial. If the insurance company refuses to pay the amount you deserve, your Long Island auto accident lawyer accident attorney might decide to go to the court.

Generally, the damages you are entitled to be compensated for are the documented costs such as medical bills and property damage. You may also sue for noneconomic damage including pain and suffering. Unfortunately, insurance companies often lower the amount of compensation for victims when it comes to estimating non-economic damages. A car accident lawyer with extensive experience can guarantee you receive fair compensation for your damages. This is especially crucial if the at-fault driver does not have insurance or lacks insurance coverage to cover your damages.

What can I expect from a lawsuit?

When a victim of a car crash seeks to recover for their losses or injuries they must be prepared to contest their claim. They'll likely require proof of their treatment, such as doctor's notes and tests results, as well the receipts of any medical expenses that are related to the accident. They will also need to prove their damages, including loss of income as well as property damage, suffering and pain. It is crucial to seek medical attention right away after a crash for any injuries, so that all information is documented and provided to the insurance company as proof of loss.

During the discovery stage, your attorney will interview experts, witnesses, and others to build an argument that is solid for you. This may include depositions in which witnesses testify under oath and is challenged by your attorney. The parties are able to review all evidence, evaluate the strength of the testimony and take a decision on how to proceed.

After examining the evidence after which a jury or judge will determine if the defendant is accountable for the accident and determine the amount of damages you should be awarded. The process can take anywhere from just a few days to an entire year based on the specific case. If either party is dissatisfied with the decision, they can file an appeal. It can be expensive and time-consuming for both parties to appeal therefore it is important to get your case ready as soon as you can after a crash.

Why should I choose to hire a lawyer?

If an accident results in injuries, the victim faces costly medical bills and property damage, in addition to lost wages as a result of being not able to work. Taking legal action may be essential to secure the money needed. An attorney for auto accident case accidents will help you determine if the filing of a lawsuit is necessary in your situation.

The first thing an attorney will do is request your medical records and other evidence that pertains to the incident. The evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Witnesses may also be interviewed. In certain instances experts such as mechanics or Auto Accident Litigation engineers can be brought into.

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

An experienced car accident attorney will walk you through your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions about whether or not you should pursue a lawsuit and what damages you may be able to claim.