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Auto Accident Litigation

Collect all the documentation that pertains to your accident. This includes medical records and photographs of the scene of the accident and also pay stubs and bills.

Evidence may disappear witnesses can be killed or relocated and memories can fade. If you and the defendant cannot come to an agreement at this point your case will go to trial.

What is a lawsuit?

A lawsuit is a legal proceeding filed in a court of law, where the plaintiff seeks to hold the defendant liable for a loss. A plaintiff could seek financial compensation, or other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.

The complaint is the initial stage of a civil action. This document outlines the facts of the case and spells out the legal basis for holding the defendant accountable for the plaintiff's damages. The defendant must answer the complaint within a predetermined time frame. They can contest the allegations and the arguments of the plaintiff, or demand that the case be dismissed due to lack of legal basis.

In addition an accused can decide to settle the case rather than go to trial. A settlement is an agreement reached by the parties to end 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 many people are seeking compensation for the same issue. This is especially beneficial when the injuries are relatively minor and the cost to litigate individually would be prohibitive.

How do lawsuits work?

In car accident lawsuits the process generally starts with a complaint which is filed in the court and served to the defendant. The defendant has between 20 to 30 days to reply, also called an answer. During this period, they can argue against your personal injury claim and/or make counterclaims against you. They can also engage in discovery. This includes depositions, interrogatories, requests to produce (which could include photos, documents videos, documents, and/or physical evidence) and 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 at fault. This is less expensive and less time-consuming than pursuing a trial. If the insurance company refuses to pay the amount you deserve, your Long Island auto accident attorney might decide to go to court.

Generally, the damages you can receive are your documented expenses like medical bills and property damage. You can also sue for noneconomic damage that you suffer from, like pain and suffering. Insurance companies are notorious for underestimating damages that are not economic. A skilled lawyer for car accidents will use their vast experience to ensure that you are adequately compensated for your losses. This is especially important if the driver at fault has no insurance or inadequate insurance coverage to pay for damages.

What can I expect from a lawsuit?

If the victim of a car crash seeks compensation for their losses or injuries they'll need to be prepared to fight their claim. They will need to provide the evidence of their treatment such as doctor's notes and test results along with receipts relating to medical expenses. They'll have to prove damages, such as lost wages or property damage, as well as discomfort and pain. It is crucial to seek medical attention promptly after a collision for any injuries, so that all information can be documented and then presented to the insurance company to prove the loss.

During the discovery process the attorney will speak with witnesses, experts and more to establish a solid case on your behalf. This could 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 testimony and make an informed decision about how to proceed.

After examining the evidence, a judge or jury will decide if the defendant is responsible for the accident and determine the amount of damages you will be awarded. Based on the particular case, this can take anywhere from one or two days to one year. If either party is unhappy with the outcome, they are able to appeal. The process of appealing can be time-consuming and costly for both parties, so it is essential to prepare your case quickly following the crash.

Why should I hire an attorney?

If an accident results in injuries, the victim is faced with costly medical bills and property damage, as well as lost wages from being not able to work. Taking legal action may be required to receive the money needed. An auto accident attorney can assist you in determining if the filing of a lawsuit is necessary in your particular situation.

The first thing an attorney will do is request your medical records and other documents related to the accident. They will utilize this evidence to draw a picture of severity and extent of your car accident-related injuries. Interviews with witnesses may be conducted. In some cases experts such as mechanics or engineers might be called into.

Depending on the facts of your car accident depending on the circumstances of your car accident, it could take weeks or months, or one year to complete the entire process of litigation in the court. This is due a number of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence of both sides) and establishing dates for trial, aswell with the preparations for a trial. In this period memories may fade, witnesses can move away or die and evidence may be lost.

A lawyer who handles car accidents will guide you through the legal options that are available to you during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll answer your questions regarding whether you should sue or settle and also what damages you could recover.