auto accidents Accident Litigation

The first step is to gather all documentation pertaining to your accident. This includes medical records, photos and evidence of the scene as well as pay stubs, bills and other documents.

Evidence can vanish, witnesses may pass away or disappear and memories fade. If you and the defendant do not come to an agreement during this stage, then your case will be tried.

What is a lawsuit?

A lawsuit is a legal proceeding brought in an administrative court where the plaintiff seeks to hold the defendant accountable for any loss. A plaintiff may ask for financial compensation, or other non-monetary "equitable remedies" from the court. The defendant is required to respond to the complaint.

The complaint is the initial step in a civil lawsuit. The document contains all the facts and legal reasons to hold the defendant accountable for the plaintiff's losses. The defendant must respond to the complaint within a specified time frame. They can deny any allegations and challenge the plaintiff's arguments, or they can request that the case be dismissed for lack of legal cause.

A defendant can also opt to settle a matter rather than attempting to resolve it. Settlement is an agreement reached between the parties in order to end litigation without determining liability in exchange for money.

There are also class actions which combine multiple injuries into a single claim for compensation. This makes for a more cost-effective and efficient litigation since many people are trying to file a claim. This is particularly advantageous when the damages are small and the cost of litigation for each individual would be prohibitive.

How do lawsuits function?

In lawsuits involving car accidents, the process usually begins with a formal complaint which is filed in court and then served to the defendant. The defendant has between 20 and 30 days to file their response which is known as an answer. During this period, they can make defenses against your personal injury claim, and/or create a counterclaim against you. They can also engage in discovery. This could include interrogatories, depositions as well as requests to produce (which could include documents, photos videos, documents, and/or physical evidence) and auto accident attorney requests for admissions.

You can settle your case outside of court depending on the severity of the injuries you sustained and the insurance coverage of the party responsible. This is a cheaper and quicker alternative than 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 take them to the court.

In general, you may be able to recover damages for the documented costs such as medical bills and Auto accident attorney property damages. Additionally, you can sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A skilled car accident lawyer can draw on their vast experience to ensure that you get adequately compensated for your losses. This is particularly important in the event that the driver who caused the accident has no insurance or inadequate insurance coverage that covers damages.

What can I expect from a lawsuit?

If a person who has been injured in a car accident seeks compensation for their losses or injuries they'll need to be prepared to fight their claim. They will likely need documentation of their treatment, such as medical notes and tests results, as well the receipts of any medical expenses related to the accident. They'll need to prove damages, such as loss of wages damages to property, discomfort and pain. It is essential to seek medical attention immediately after a collision for any injuries to ensure that all information can be documented and presented to the insurer as proof of loss.

During the discovery stage during the discovery phase, your attorney will interview witnesses, experts and other individuals to create a solid case for you. Depositions are a common method where the person is required to give their testimony under oath and is asked questions by your attorney. This lets both parties review all evidence, evaluate the strength of the testimony, and then make the decision on the best way to proceed.

After looking over the evidence, the judge or jury will decide whether the defendant was responsible for the incident. They will also decide the amount of damages that you should be awarded. It can take anywhere from a few days and over an entire year based on the circumstances. If either party is unhappy with the outcome, they are able to appeal. It's expensive and time-consuming for both parties to file an appeal which is why it's essential to begin preparing your case immediately following a crash.

Why should I hire an attorney?

When an accident causes injuries, the victim has to pay costly medical bills and property damage, plus lost wages from being in a position of no work. Legal action might be required to get the compensation you require. An auto accident attorney can assist you in determining if it is advisable to file a lawsuit in your case.

The first thing an attorney will do is ask for your medical records and other evidence related to the accident. They will use this evidence to create a picture of magnitude and severity of your injuries from a car accident. Witnesses are also interviewed. In certain cases experts like engineers or mechanics can be brought in.

It could take weeks, or months to complete the court procedure dependent on the circumstances of your accident. This is due a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence from both parties) and establishing court dates, as well as trial preparations. In this period memories may fade, witnesses may move away or die and evidence may be lost.

A car accident lawyer will help you understand the legal options you have during the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions regarding whether or how to proceed and what damages you may be able to claim.