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The first step is to gather all documentation pertaining to your accident. This includes medical records, auto accident law Firms photos and evidence of the scene of the crash including bills and pay stubs.
Evidence can disappear, witnesses may pass away or disappear and memories fade. If you and the defendant do not reach an agreement in this phase, then your case will be heard.
What is a lawsuit?
A lawsuit is a proceeding in the court where the plaintiff tries to hold the defendant accountable for the loss. A plaintiff may ask for an amount of money, or other non-monetary "equitable remedies" from the court. The defendant has to respond to the complaint.
The first step in a civil lawsuit is filing the complaint. The complaint is a document that outlines the facts of the matter and lays out the legal basis to hold the defendant accountable for plaintiff's damages. The defendant has a predetermined period of time in which they must respond to the complaint. They can contest the allegations and the arguments of the plaintiff or request that the case is dismissed due to lack of legal basis.
Additionally the defendant has the option to settle the case rather than go to trial. A settlement is an agreement made between parties that puts the litigation to an end without a determination of the liability in exchange for a money-based award.
There are also class actions, which combine multiple injuries into a single claim for compensation. This makes for more efficient and cost-effective litigation since many people are fighting the same case. This is particularly beneficial when the damages are minor and the cost to litigate on your own would be prohibitive.
How do lawsuits work?
In car accident lawsuits, the procedure usually starts with a formal complaint which is filed in court and then served on the defendant. The defendant has between 20-30 days to respond, which is called an answer. During this period they may raise defenses against your personal injury claim and/or make a counterclaim against you. They may also be involved in discovery. This includes depositions, interrogatories as well as requests to produce (which may include photos, documents videos, documents, and/or physical proof), and requests for admission.
Depending on the extent of your injuries and the insurance coverage of the person who caused your injuries or coverage, you can choose to settle your case outside of court. This is a less costly and quicker option than going to court. However, if the insurance company is not willing to give you a fair amount of money or even a fair amount, your Long Island car accident attorney might decide to take them to trial.
Generally speaking, the damages you are entitled to receive are your documented expenses like medical bills and property damage. You may also sue for damages that are not economic like pain and suffering. Insurance companies are notorious for underestimating damages that are not economic. An experienced car accident lawyer can draw on their vast experience to ensure that you receive fairly compensated for your damages. This is especially crucial in the event that the at-fault driver is not insured or has inadequate insurance coverage to pay for your damages.
What should I expect if I decide to file a lawsuit?
If the victim of a car crash seeks compensation for their injuries or losses they must be prepared to defend their claim. They'll likely require documentation of their treatment, which could include medical notes and tests results, as well as receipts for any medical expenses that are related to the accident. They'll also need prove their damages such as loss of income or property damage as well as pain and suffering. It is vital to seek medical attention as soon as possible after a crash, in case of injuries, so that all information can be documented and submitted to the insurer to prove the loss.
During the discovery process the attorney will speak with witnesses, experts and others to build a strong case on your behalf. This could include depositions in which the person testifies under oath while being confronted by your attorney. The parties are able to review all evidence, evaluate the credibility of the testimony, and then make an assessment of the best way to proceed.
After review of the evidence, a judge or jury will determine which party is responsible for the accident. They will also decide the amount of damages you will be awarded. The case will vary, but this could take anywhere from just a few days to more than one year. If you are not satisfied with the result you can appeal to either party. It's expensive and time-consuming for both parties to appeal which is why it's essential to plan your appeal as soon as you can after the crash.
Why should I employ an attorney?
If an accident causes injuries the victim will be required to pay high medical bills in addition to property damage and lost wages because of being unable to work. Legal action could be necessary to get the compensation needed. An attorney who handles auto accident law firms accidents can assist in determining whether filing a lawsuit makes sense for your situation.
The first thing an attorney will do is ask for your medical records and other documentation relating to the accident. They will use this evidence to sketch a picture of the magnitude and severity of your injuries from a car accident. Interviews with witnesses may also be conducted. In certain instances experts such as mechanics and engineers might be called into.
Depending on the facts of the car accident It could take weeks and months or one year to complete the entire process of suing in the court. This is due to a range of factors including negotiations with the insurance company, discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. During this period, memories may fade, witnesses might move away or even pass away, and evidence could be lost.
A car accident lawyer will walk you through the legal options available to you 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 pursue a lawsuit and what damages you may be able to claim.
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