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Take all documentation regarding your accident. This includes medical records, photos and evidence of the scene of the crash such as bills and pay stubs.
Memories fade, witnesses can leave or pass away, and evidence can disappear. If you and the defendant cannot agree on a solution in the next phase, then your case will be tried.
What is a lawsuit?
A lawsuit is an action brought in court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff can 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 found to be responsible.
The first step in the civil court process is to file the complaint. The document contains all the facts and legal bases for holding the defendant liable for the plaintiff's losses. The defendant has a predetermined period of time to respond to the complaint. They can deny all allegations and counter the plaintiff's arguments, or they can request that the case be dismissed due to insufficient legal grounds.
A defendant may also decide to settle a matter rather than have it tried. A settlement is a voluntary agreement between the parties that brings an end to litigation without any determination of liability in exchange for a money-based award.
There are also class actions which combine multiple injuries into a single claim for compensation. This allows for more efficient and cost-effective litigation since many people are pursuing the same claim. This is particularly beneficial when the damages are small and the cost to litigate each case individually would be prohibitive.
How do lawsuits proceed?
In lawsuits involving car accidents the process typically starts with a lawsuit, which is filed with the court and served to the defendant. The defendant has between 20 to 30 days to reply, also known as an answer. During this time, they can argue defenses against your personal injury claim, and/or bring a counterclaim against your. They can also engage with discovery. This includes interrogatories, depositions as well as requests to produce (which may include documents, photos, video, and/or physical evidence) and requests for admissions.
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 person who caused the accident. This is a cheaper and faster option than going to court. However, auto accident law firm if the insurance company is unable to pay you an adequate amount of money then your Long Island car accident attorney may decide to take the case to trial.
In general, you may be able to recover damages for your documented expenses such as medical bills and property damage. In addition, you may sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies frequently undervalue victims when estimating the non-economic damage. A lawyer who has extensive experience can guarantee you receive fair compensation for your damages. This is particularly important when the person at fault does not have insurance or has inadequate insurance coverage to cover damages.
What can I expect if I make a claim in an action?
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 contest their claim. They'll likely require documentation of their treatment. This could include doctor's notes and test results, as well the receipts of any medical expenses incurred due to the accident. They'll also need to prove their damages such as loss of income as well as property damage, the pain and suffering. This is why it's important to get medical attention for any injuries within a short time after a crash, making sure that all details are documented and is then provided to the insurance company as proof of loss.
During the discovery phase during the discovery phase, your attorney will interview witnesses, experts and other witnesses to construct an argument that is solid for you. Depositions are a common method in which the person gives their testimony under oath, and is asked questions by your attorney. This allows both parties the chance to listen to each other's testimony, assess the credibility of the evidence, and decide what to do next.
After reviewing the evidence the judge or jury will determine whether the defendant is responsible for the incident and the amount of damages you will be awarded. Based on the circumstances, this could take anywhere from a few days to over one year. If one party is dissatisfied with the outcome, they are able to file an appeal. Appeal hearings can be long and expensive for both parties, so it is important to prepare your case quickly after a crash.
Why should I engage an attorney?
If an accident causes injuries the victim is required to pay high medical bills in addition to loss of wages and property damage because of being unable to work. Legal action is often required to secure the compensation you need. A lawyer who specializes in auto accident law firm accidents can assist you in determining whether a lawsuit is the right option for your situation.
The first step of an attorney's job will be to ask for your medical records and other documentation in connection with the accident. They will make use of this evidence to create a picture of severity and extent of your car accident injuries. Witnesses are also interviewed. In some instances experts like mechanics or engineers might be called into.
It could take weeks, even months, to complete the court procedure according to the circumstances of your accident. This is due to a variety of factors that include negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for court, and trial preparations. In this period memories fade, witnesses may leave or pass away and evidence may be lost.
An experienced attorney for car accidents will explain your legal options during a free 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 sue and what damages you might be able to recover.
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