auto accidents Accident Litigation
The first step is to collect all the documentation related to your accident. This includes medical records, photographs and evidence of the accident scene as well as pay stubs, bills and other documents.
Memories fade, witnesses might go away or die, and evidence could disappear. If you and the defendant do not agree on a solution in this phase, then your case will be tried.
What is a lawsuit?
A lawsuit is an action filed in the court where the plaintiff tries to hold the defendant responsible for a loss. A plaintiff could seek financial compensation, or other non-monetary “equitable remedies” from the court. The defendant has to respond to the complaint.
The first step in a civil lawsuit is filing the complaint. The complaint is a document that outlines the facts of the case and spells out the legal basis for holding the defendant responsible for the plaintiff’s damages. The defendant has a certain amount of time to respond to the complaint. They may challenge the allegations and the arguments of the plaintiff, or request that the case is dismissed due to lack of legal basis.
In addition, a defendant may choose to settle the case rather than going 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 action lawsuits, which combine many injury claims into one for compensation. This makes for a more cost-effective and efficient litigation since many people are pursuing a claim. This is particularly advantageous when the injuries are relatively minor and the cost to pursue the case on its own is prohibitive.
How do lawsuits function?
In car accident lawsuits the process typically starts with a complaint which is filed in the court and served to the defendant. The defendant is given between 20-30 days to reply, also known as an answer. During this period, they may present defenses to your personal injury claim, and/or file counterclaims against you. They may also use discovery. This includes interrogatories, depositions as well as requests to produce (which could include photos, documents, video, and/or physical proof), and requests for admissions.
You may settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the party at fault. This is more economical and faster than going to trial. If the insurance company refuses to pay a fair amount and you are not satisfied, your Long Island auto accident attorney may decide that they will take them to court.
In general, you can seek damages for the costs you have documented such as medical bills and property damages. Additionally, you can claim non-economic damages, such as pain and suffering. Insurance companies are notorious for underestimating noneconomic damages. A seasoned lawyer in car accidents has the experience to ensure that you receive adequately compensated for your losses. This is especially crucial in cases where the at-fault party does not have insurance or has insufficient insurance coverage to cover your damages.
What should I expect if I start a lawsuit?
If a victim of a car crash seeks compensation for their injuries or losses they must be prepared to contest their claim. They will likely need documentation of their treatment, such as doctor’s notes as well as test results, as well as receipts for any medical expenses that are related to the accident. They will need to prove damages, including loss of wages or property damage, as well as discomfort and pain. This is why it’s vital to seek medical attention for any injury within a short time after a crash, to ensure that all information is recorded and can be 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. This may include depositions in which the person testifies under oath, while being questioned by your attorney. The parties are able to review all evidence, evaluate the credibility of the evidence and make an informed decision about the best way to proceed.
After reviewing the evidence, the judge or jury will determine whether the defendant was accountable for the incident. They will also decide the amount of damages that you will be awarded. This can take between just a few days to one year based on the particular case. If you’re not satisfied with the result both parties have the option of appealing. Appeals can be time-consuming and costly for both parties, which is why it is crucial to plan your case right away following the crash.
Why should I hire an attorney?
If an accident causes injuries the victim will need to pay medical bills that can be costly, as well as the cost of property damage and lost wages because of being unable to work. Legal action could be essential to secure the compensation needed. An auto accident attorney can assist in determining whether it is advisable to file a lawsuit for auto Accident attorney your situation.
The first thing an attorney will do is ask for your medical records and other evidence relating to the accident. They will use this evidence to paint a picture of the degree and severity of your car accident injuries. Witnesses are also interviewed. In certain instances experts like mechanics or engineers can be brought in.
It could take weeks, or months, to complete the court process according to the circumstances of your accident. This is due to a range of factors, including negotiations with insurance companies, discovery (analyzing the evidence of both parties), setting dates for court, as well in the preparations for trial. In this time, the memories may disappear, witnesses could go away or even die and evidence can be lost.
A car accident lawyer will help you understand the legal options that are available to you in an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions regarding whether or how to proceed and what damages you may be able to recover.