Auto Accident Litigation

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

Memories fade, witnesses may leave or pass away, and evidence may vanish. If you and the defendant are unable to reach an agreement during this phase your case will be taken to trial.

What is a lawsuit?

A lawsuit is an action in court where the plaintiff attempts to hold the defendant responsible for a loss. A plaintiff may ask the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be forced to pay damages if found to be responsible.

The complaint is the primary step of a civil case. This document provides all the facts and legal basis for holding the defendant liable for the plaintiff's losses. The defendant has a predetermined amount of time to reply to the complaint. They may deny all allegations and counter the plaintiff's arguments, or ask for the case to be dismissed due to lack of legal reason.

A defendant can also opt to settle the case rather than have it tried. A settlement is an agreement reached by the parties to end litigation without determining liability for money.

There are also class action lawsuits that combine multiple injury claims into a single claim to recover compensation. This allows for more efficient and cost-effective litigation since many people are seeking compensation. This is particularly beneficial when the damages are small and the costs of individual litigation would be prohibitive.

What is the procedure for a lawsuit?

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

Depending on the severity of your injuries and the insurance coverage of the party at fault depending on the severity of your injuries, you could choose to settle your case outside of court. This is a cost-effective and quicker alternative than going to court. If the insurance company refuses to pay you a fair amount, your Long Island auto accident attorney may decide that they will bring them to court.

Generally speaking, the damages you are entitled to get are those that you have documented such as medical bills and property damage. In addition, you can claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies typically lowball victims when it comes to estimating the non-economic damage. A skilled lawyer for car accidents can use their extensive experience to ensure you are fairly compensated for your damages. This is particularly crucial when the driver at fault is not insured or has inadequate insurance coverage to cover damages.

What can I expect from a lawsuit?

If a victim of a car accident seeks compensation for their injuries and losses, they must be prepared to fight their claim. They must submit documentation of their treatment including medical notes and test results and receipts relating to any medical expenses. They'll need to show damages, such as loss of wages, property damage, and discomfort and pain. It is vital to seek medical attention immediately after a collision for any injuries so that all the information is documented and provided to the insurance company as proof of loss.

During the discovery process the attorney will speak with witnesses, experts and more to build a strong case for you. This could include depositions, in which the person gives their testimony under oath, and is asked questions by your attorney. This allows both parties to review all evidence, evaluate the strength of the testimony and take an informed decision about what to do next.

After examining the evidence after which a jury or judge will determine whether the defendant is responsible for the accident and determine the amount of damages you must be awarded. This can take between a few days or one year based on the case. If one of the parties is unhappy with the outcome, they are able to appeal. It can be costly and time-consuming for both parties to file an appeal which is why it's essential to plan your appeal immediately following a crash.

Why should I engage an attorney?

If an accident results in injuries the victim is required to pay medical bills that can be costly along with property damage and lost wages because of being unable to work. Taking legal action may be essential to secure the compensation that is required. An auto accident lawsuits accident attorney can assist in determining whether the filing of a lawsuit is appropriate in your particular situation.

The first step for an attorney will be to obtain your medical files and other documentation connected to the crash. This evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Interviews with witnesses may be conducted. In some cases, experts like mechanics or engineers could be brought into.

Based on the circumstances of your car accident depending on the circumstances, it could take weeks, months, or even one year to complete the entire process of litigation in court. This is due to a variety of factors that include negotiations with the insurance company, discovery (analyzing evidence from both sides), setting dates for trial, and preparations. In this time, memories can fade, witnesses could move away or even die, and evidence may be lost.

A seasoned attorney for car accidents will walk you through your legal options during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions about whether to either settle or pursue a lawsuit and also what damages you can recover.