auto accident law firm Accident Litigation

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

Memories fade, witnesses may move away or die and evidence may vanish. If you and the defendant do not reach a consensus in this phase, 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 could seek financial compensation, or other non-monetary "equitable remedies" from the court. The defendant has to respond to the complaint.

The first step in the civil process is filing the complaint. The document describes the facts of the case and lays out the legal basis to hold the defendant accountable for the plaintiff's damages. The defendant must respond to the complaint within a specified amount of time. They can deny all allegations and counter the plaintiff's arguments, or demand that the case be dismissed for the absence of a legal basis.

A defendant may also choose to settle a matter rather than attempting to resolve it. A settlement is a deal reached between the parties to stop litigation without determining the liability in exchange for money.

There are also class actions, which combine multiple injuries into one claim for compensation. This makes for more efficient and cost-effective litigation since multiple individuals are seeking compensation for the same issue. This is particularly advantageous in cases where injuries are not that significant and the cost of litigation for each individual would be prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits the process typically starts with a complaint which is filed in court and served to the defendant. The defendant has between 20 and 30 days to respond, commonly known as an answer. During this period, they may make defenses to your personal injury claim, and/or file counterclaims against you. They can also make use of discovery. This includes interrogatories, depositions or requests to produce (which may include documents, photos, video, and/or physical evidence), and requests for admission.

You may 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 less costly and quicker option than going to court. If the insurance company refuses to pay you a fair amount or even a fair amount, your Long Island auto accident attorney could decide to have to take them to court.

The damages you can recover include your documented costs like medical bills and property damage. You may also sue for noneconomic damage, such as pain and suffering. Unfortunately, insurance companies frequently lowball victims when they estimate damages that are not economic. A seasoned lawyer in car accidents has the experience to ensure that you get fairly compensated for your losses. This is particularly crucial if the at-fault driver does not have insurance or lacks insurance coverage to cover your losses.

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 must be prepared to fight their claim. They must submit the evidence of their treatment such as medical notes and test results and receipts relating to medical expenses. They'll have to prove damages, including lost wages, property damage, and discomfort and pain. This is why it's crucial to seek medical attention for any injury immediately following a crash, so that all the information is documented and is then provided to the insurance company to prove of loss.

During the process of discovery the attorney will speak with witnesses, experts and others to create a convincing case for you. This could include depositions, in which the person testifies their testimony under oath, and auto accident attorney is asked questions by your attorney. The parties have the opportunity to hear each other's accounts, evaluate the credibility of the evidence, and decide what to do next.

After reviewing the evidence and evidence, a judge or jury will determine if the defendant is responsible for the accident, and the amount of damages you must be awarded. This can take between just a few days to an entire year based on the case. If you're unhappy with the outcome the parties can appeal. It's costly and time-consuming for both parties to file an appeal, so it's important to prepare your case as soon as you can after the crash.

Why should I hire an attorney?

If an accident results in injuries the victim is required to pay high medical bills, as well as loss of wages and property damage due to being unable work. A lawsuit may be essential to secure the amount of compensation required. An auto accident attorney can help determine if filing a lawsuit makes sense in your particular situation.

The first thing an attorney will do is ask for your medical records and other evidence relating to the accident. This evidence will be used to determine the extent and severity your injuries from a car accident. Interviews with witnesses might also take place. In some cases experts like engineers or mechanics can be called in.

It could take weeks, or months to complete the court process depending on the circumstances of your accident. This is due to a variety of factors, including negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. During this time, memories can fade, witnesses might move away, or even die, and evidence could be lost.

A seasoned 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'll answer your questions about whether to settle or sue and the amount of damages you can claim.