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Auto Accident Litigation

Document everything that is that pertains to the accident. This includes medical records, photographs and evidence of the accident scene including bills and pay stubs.

Memories fade, witnesses might go away or die, and evidence can disappear. If you and the defendant are unable to reach an agreement during this time, your case will go to trial.

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 can request the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and could be ordered to pay damages if they are held liable.

The first step in a civil lawsuit is filing the complaint. The document describes the facts of the case and lays out the legal foundations for holding the defendant responsible for the plaintiff's damages. The defendant has a predetermined amount of time to respond to the complaint. They may argue against the allegations and the arguments of the plaintiff or ask to have the case dismissed due to lack of legal reason.

In addition, a defendant may choose to settle the case rather than go to trial. A settlement is a voluntary agreement between the parties that puts the litigation to an end without any determination of the parties' liability in exchange for cash settlement.

There are also class action lawsuits, which combine a variety of injury claims into one for compensation. This allows for more cost-effective and efficient litigation since many people are trying to pursue the same claim. This is particularly advantageous when the damages are minor and the cost to pursue the case on its own is prohibitive.

What is the procedure for a lawsuit?

In lawsuits involving car accidents, the process typically begins with a complaint, which is filed in the court and then served on the defendant. The defendant has 20 and 30 days to respond, also known as an answer. During this period, they can make defenses to your personal injury claim or make counterclaims against you. They may also pursue discovery. This includes depositions, interrogatories as well as requests to produce (which could include documents, photos, video, and/or physical proof), and requests for admissions.

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

In general, you can seek damages for the costs you have documented like medical bills and property damage. Additionally, you can seek compensation for noneconomic damages like pain and suffering. Insurance companies are notorious for underestimating damages that are not economic. An experienced car accident lawyer has the experience to ensure that you receive fairly compensated for your injuries. This is particularly crucial if the driver at fault has no insurance or inadequate insurance coverage that covers damages.

What can I expect should I make a claim in a lawsuit?

If the victim of a car crash seeks to recover for their losses or injuries they'll need to be prepared to contest their claim. They must submit proof of their treatment, such as the notes of a doctor and test results along with receipts relating to any medical expenses. They'll also need to prove their losses, such as lost income as well as property damage, pain and suffering. It is essential to seek medical attention as soon as possible following a crash to treat any injuries, so that all information can be documented and submitted to the insurance company to prove the loss.

During the discovery process the attorney will speak with witnesses, experts and more to build a strong case on your behalf. It could also include depositions where the person is required to testify under oath while being questioned by your attorney. This lets both parties listen to all the accounts, evaluate the strength of the testimony and take an informed decision about the best way to proceed.

After reviewing the evidence the judge or jury will determine whether the defendant is accountable for the accident, and the amount of damages you will be awarded. Based on the circumstances, this could take anywhere from just a few days to more than one year. If either party is unhappy with the outcome, they may file an appeal. The process of appealing can be time-consuming and expensive for both parties, so it is important to begin preparing your case right away following a crash.

Why should I choose to hire an attorney?

If an accident results in injuries the victim will be required to pay expensive medical bills in addition to damages to property and lost wages due to being unable work. A lawsuit may be required to receive the compensation that is required. An auto accident attorney can help determine if the filing of a lawsuit is necessary for your situation.

An attorney's first step will be to ask for your medical records and other documents related to the crash. This evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Witnesses are also interviewed. In some instances, experts such as engineers or mechanics can be called in.

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

A lawyer who handles car accidents will assist you with the legal options you have during an initial consultation for free. 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 either settle or pursue a lawsuit and what damages you can recover.