Auto Accident Litigation

The first step is to collect all the documentation related to your accident. This includes medical records, photos and evidence of the scene such as bills and pay stubs.

Evidence may disappear, witnesses may die or move away and memories can fade. If you and the defendant cannot reach an agreement in this stage, then your case will be heard.

What is a lawsuit?

A lawsuit is an action filed in the court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff may ask the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the suit and could be ordered to pay damages if they are held liable.

The first step in the civil court process is to file the complaint. The complaint outlines the facts of the matter and lays out the legal foundations for holding the defendant responsible for the plaintiff's damages. The defendant must respond to the complaint within a specified amount of time. They may contest the allegations and the arguments of the plaintiff or request that the case be dismissed due to lack of legal basis.

A defendant may also choose to settle a case instead than attempting to resolve it. A settlement is an agreement that is voluntary between parties that brings an end to litigation but without a determination of the liability in exchange for a monetary award.

There are also class actions which combine multiple injury claims into one claim for compensation. This allows for more efficient and cost-effective litigation since many people are trying to pursue the same claim. This is especially advantageous when the injuries are relatively small and the cost of individual litigation could be prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents, the procedure usually starts with a formal complaint which is filed in court, and then served on the defendant. The defendant is given between 20 and 30 days to reply, also known as an answer. During this period, they can present defenses to your personal injury claim, or make counterclaims against you. They may also be involved in discovery. This includes interrogatories (written questions), depositions, requests for production (which could comprise documents, photos, videos, and/or physical evidence), and requests for admissions.

Depending on the degree of your injuries and the insurance coverage of the party at fault or coverage, you can choose to settle your case out of court. This is more cost effective and faster than going to trial. If the insurance company refuses to pay you the amount you deserve or even a fair amount, your Long Island media auto accident attorney accident attorney could decide to take them to court.

In general, you can recover damages for the costs you have documented like medical bills or property damage. You can also sue for noneconomic damage that you suffer from, like pain and suffering. Unfortunately, insurance companies tend to lower the amount of compensation for victims when estimating noneconomic damages. A skilled car accident lawyer has the experience to ensure that you are fairly compensated for your losses. This is especially important when the driver at fault is not insured or has inadequate insurance coverage to pay for your damages.

What do I get from a lawsuit?

When a person who has been injured in a car crash is seeking compensation for their injuries and losses they should be prepared to fight their claim. They'll likely require documentation of their treatment, including medical notes and test results, as well as receipts for any medical expenses related to the accident. They'll also need to prove their losses, such as loss of income as well as property damage, the pain and suffering. This is why it's important to seek medical attention for any injuries within a short time after a crash, so all information is documented and presented to the insurance company as proof of loss.

During the discovery phase during the discovery phase, your attorney will interview witnesses, experts and other individuals to create an evidence-based case for you. This may include depositions, where the person is required to give their testimony under oath and is asked questions by your attorney. The parties are able to listen to all the accounts, evaluate the strength of the evidence and make a decision on what to do next.

After examining the evidence and evidence, a judge or jury will determine whether the defendant is accountable for the accident and determine the amount of damages you should be awarded. It could take just a few days to an entire year based on the case. If one party is dissatisfied with the outcome, they can make an appeal. The process can be lengthy and costly for both parties, so it is essential to prepare your case quickly after a crash.

Why should I engage an attorney?

If an accident causes injuries the victim will be required to pay high medical bills, as well as loss of wages and property damage due to the inability to work. Legal action is often required to get the compensation you require. An auto accident attorney can assist you in determining if filing a lawsuit makes sense in your situation.

The first thing an attorney will do is ask for your medical records as well as other documents that pertains to the incident. The evidence will be used to determine the severity and extent of the injuries you sustained in a vehicle accident. Interviews with witnesses might also be conducted. In some cases experts like mechanics or engineers can be brought into.

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

An experienced attorney for car accidents will guide you through 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 to sue and what damages you may be able to recover.