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Auto Accident Litigation

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

Evidence can disappear witnesses can die or move away, and memories fade. If you and the defendant fail to reach an agreement in the next phase, then your case will be tried.

What is a lawsuit?

A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff may ask for financial compensation, or other non-monetary "equitable remedies" from the court. The defendant has to respond to the complaint.

The complaint is the first step of a civil case. The complaint outlines all facts and legal basis for holding the defendant responsible for the plaintiff's losses. The defendant must answer the complaint within a certain period 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.

Additionally, a defendant can choose to settle the case rather than going to trial. A settlement is an agreement between the parties that brings the litigation to an end without a determination of liability in exchange for auto accident attorney a monetary award.

There are also class actions which combine multiple injuries into one claim for compensation. This makes for a more efficient and cost-effective litigation since many people are trying to file a claim. This is especially advantageous when injuries are comparatively small and the cost of individual litigation would be prohibitive.

How does a lawsuit proceed?

In lawsuits involving car accidents the process usually begins with a complaint, that is filed in court and then served on the defendant. The defendant is given between 20 to 30 days to respond, commonly called an answer. During this time, they could raise defenses to your personal injury claim and/or make counterclaims against you. They may also conduct discovery. This includes interrogatories (written questions) depositions, depositions, requests for production (which could include videos, documents, photos, and/or physical evidence) and requests for admission.

You can settle your case outside of court, based on the severity of the injuries you sustained as well as the insurance coverage of the party who was at fault. This is more economical and faster than pursuing a trial. If the insurance company refuses to pay a fair amount then your Long Island auto accident lawsuit accident attorney might decide to take them to the court.

The damages you can get are those that you have documented such as medical bills and property damage. Additionally, you can claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies typically lowball victims when they estimate damages that are not economic. A car accident lawyer with years of experience can guarantee that you are compensated fairly for your damages. This is particularly important when the driver at fault has no insurance or inadequate insurance coverage that covers damages.

What can I expect if I make a claim in an action?

If a victim of a car collision is seeking compensation for their losses and injuries they should be prepared to fight for their claim. They will likely need documentation of their treatment, including medical notes and test results, aswell the receipts of any medical expenses incurred in connection with the accident. They'll also need to show their damages, such as loss of income, property damage, and pain and suffering. This is why it's important to seek medical attention for any injury immediately after a crash so that all the information is documented and is then presented to the insurance company to prove of loss.

During the process of discovery the attorney will speak with witnesses, experts and more to build a strong case on your behalf. It could also include depositions where witnesses testify under oath while being confronted by your attorney. The parties have the chance to listen to each other's accounts, evaluate the credibility of the evidence and decide on the best way to proceed.

After having reviewed the evidence, the judge or jury will decide whether the defendant was accountable for the accident. They will also determine the amount of damages you should receive. Based on the circumstances, this can take anywhere from one or two days to an entire year. If either party is unhappy with the outcome, they can appeal the decision. It's expensive and time-consuming for both parties to appeal which is why it's essential to begin preparing your case as soon as you can after the crash.

Why should I engage an attorney?

If an accident results in injuries, the victim will have to pay expensive medical bills, as well as loss of wages and property damage due to being unable work. Legal action might be required in order to receive the compensation you require. An auto accident attorney can help determine if the filing of a lawsuit is necessary in your case.

The first thing an attorney will do is ask for your medical records and other documents relating to the accident. This evidence will be used to determine the severity and extent of your injuries in a car accident. Interviews with witnesses might also be conducted. In certain instances experts such as mechanics or engineers can be brought to testify.

It could take weeks, or months, to complete the court process according to 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, memories can disappear, witnesses could go away or even die, and evidence may be lost.

An experienced lawyer for car accidents will guide you through your legal options in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll be able to answer any questions you have regarding whether you should sue or settle and also what damages you could recover.