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Gather all documentation regarding the accident. This includes medical records, photographs and evidence of the scene, bills and pay stubs.
Evidence can disappear witnesses can pass away or disappear, and memories fade. If you and the defendant do not reach a consensus in this phase, then your case will be heard.
What is a lawsuit?
A lawsuit is a legal action filed in a court of law, where the plaintiff seeks to hold the defendant liable for a loss. A plaintiff may seek an amount of money, or lawsuits other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.
The first step in the civil court process is to file the complaint. The complaint outlines the facts of the matter and lays out the legal basis to hold the defendant accountable for the plaintiff's damages. The defendant must answer the complaint within a certain amount of time. They can deny any allegations and refute the plaintiff's arguments, or ask for the case to be dismissed because of a the absence of a legal basis.
In addition, a defendant can choose to settle the case instead of go to trial. Settlement is an agreement that is voluntary between parties that brings an end to litigation, but without any determination of responsibility in exchange for money-based award.
There are also class action lawsuits which combine a variety of injury claims into one for compensation. This allows for more efficient and cost-effective litigation as multiple parties are trying to pursue the same claim. This is particularly advantageous when the injuries are relatively minor and the cost to pursue the case on its own is prohibitive.
How do lawsuits work?
In car accident lawsuits the process typically begins with a complaint which is filed in the court and served to the defendant. The defendant is given between 20-30 days to reply, also called an answer. During this time, they could present defenses to your personal injury claim and/or file counterclaims against you. They may also be involved in discovery. This can include depositions, interrogatories or requests to produce (which could include photos, documents videos, documents, and/or physical evidence) and requests for admission.
Based on the severity of your injuries and the insurance coverage of the at-fault party depending on the severity of your injuries, you could 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 the amount you deserve and you are not satisfied, your Long Island auto accident attorney might decide to go to the court.
In general, you can seek damages for the 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 damages that are not economic. An experienced car accident lawyer can use their extensive experience to ensure that you receive adequately compensated for your losses. This is particularly important in the event that the at-fault driver is not insured or has inadequate insurance coverage to cover your damages.
What should I expect if I file a lawsuit?
When a person who has been injured in a car crash 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 and receipts relating to medical expenses. They'll also need prove their losses, such as loss of income, property damage, and the pain and suffering. It is essential to seek medical attention immediately following a crash to treat any injuries and ensure that all details can be documented and then presented to the insurer as proof of loss.
During the discovery stage Your attorney will talk to witnesses, experts and other individuals to create a solid case for you. This may include depositions, in which the person testifies their testimony under oath, and is questioned by your attorney. This allows both parties to listen to all the accounts, evaluate the credibility of the evidence and make an assessment of the best way to proceed.
After reviewing the evidence, lawsuits a judge or jury will determine if the defendant is responsible for the accident and determine the amount of damages you will receive. It could take several days and an entire year based on the particular case. If one party is dissatisfied with the outcome, they can make an appeal. Appeals can be time-consuming and costly for both parties, which is why it is crucial to plan your case quickly after a crash.
Why should I hire a lawyer?
When an accident causes injuries, the victim faces high medical costs and property damage, in addition to lost wages as a result of being not able to work. A lawsuit may be required to receive the compensation needed. An auto accident lawyer can help you determine whether a lawsuit is the right option in your case.
The first thing an attorney will do is request your medical records as well as other documents related to the accident. The evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Interviews with witnesses might also take place. In certain instances experts such as mechanics or engineers might be called into.
Depending on the facts of the car accident It could take weeks and months or the whole year to complete 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) and setting dates for trial, and preparations. During this time, memories can disappear, witnesses could go away, or even die, and evidence may be lost.
A car accident lawyer will walk you through the legal options available to you during an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer your questions about whether to decide to settle or sue, as well as the amount of damages you can claim.
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