Auto Accident Litigation
The first step is gathering all documentation pertaining to your accident. This includes medical records, images of the scene, as well as bills and pay stubs.
Evidence can vanish witnesses can be killed or relocated and memories may fade. If you and the defendant cannot reach a consensus in the next phase, then your case will be tried.
What is a lawsuit?
A lawsuit is an action brought in court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff can ask the court for compensation in cash or other non-monetary “equitable relief.” The defendant must respond to the lawsuit and could be ordered to pay damages if found liable.
The first step in the civil court process is to file the complaint. The complaint outlines all facts and legal reasons for determining the defendant’s liability for the plaintiff’s losses. The defendant must respond to the complaint within a certain amount of time. They can argue against the allegations and the arguments of the plaintiff, or request that the case is dismissed due to lack of legal basis.
In addition the defendant has the option to settle the case rather than go to trial. A settlement is an agreement made between parties that puts an end to litigation, but without a determination of liability in exchange for a money-based award.
There are also class action lawsuits, that combine multiple injury claims into a single claim to recover compensation. This allows for more cost-effective and efficient litigation because multiple people are seeking compensation for the same issue. This is especially beneficial when the damages are small and the costs of individual litigation would be prohibitive.
How do lawsuits function?
In lawsuits involving car accidents, the process usually starts with a formal complaint, which is filed in court, and then sent to the defendant. The defendant has between 20 and 30 days to respond or answer. During this period, they can make defenses to your personal injury claim or make counterclaims against you. They can also make use of discovery. This can include interrogatories (written questions), depositions, requests for production (which could comprise videos, documents, photos, and/or physical evidence) and requests for admission.
Based on the extent 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 out of court. This is a more cost-effective and quicker alternative than going to court. If the insurance company refuses to pay the amount you deserve or even a fair amount, your Long Island auto accident attorney might decide to take them to the court.
The damages you are entitled to receive are your documented expenses such as medical bills and property damage. You can also sue for damages that are not economic that you suffer from, 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 you are fairly compensated for your losses. This is particularly important in the event that the at-fault driver has no insurance or insufficient insurance coverage to cover your losses.
What can I expect when I start a lawsuit?
If a victim of a car collision is seeking compensation for their injuries and losses they have to be prepared to fight their claim. They must submit proof of their treatment, such as doctor’s notes and test results along with receipts relating to medical expenses. They will need to prove damages, including lost wages damages to property, discomfort and pain. This is why it’s vital to get medical attention for any injury within a short time after a crash, making sure that all details are documented and then provided to the insurance company as proof of loss.
During the process of discovery, your attorney will interview witnesses, experts and more to create a convincing case on your behalf. This could include depositions where witnesses testify under oath and is interrogated by your attorney. The parties are able to listen to all the accounts, evaluate the strength of the testimony and make an informed decision about what to do next.
After reviewing the evidence, the judge or jury will decide whether the defendant was responsible for the incident. They will also decide the amount of damages that you are entitled to. It could take just a few days to one year, depending on the specific case. If you’re not satisfied with the result the parties can appeal. The process of appealing can be time-consuming and expensive 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 have to pay high medical bills in addition to property damage and lost wages because of being unable to work. Taking legal action may be necessary to get the amount of compensation required. An auto accident lawsuit accident attorney will help you determine if the filing of a lawsuit is necessary in your case.
The first thing an attorney will do is request your medical records and other documents related to the accident. They will use this evidence to draw a picture of magnitude and severity of your injuries sustained in a car accident. Interviews with witnesses may also be conducted. In some cases, experts like mechanics or engineers might be called to testify.
Based on the circumstances of the car accident depending on the circumstances of your car accident, it could take weeks, months, or even one year to complete the entire process of litigation in the court. This is due to a variety of factors like negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. During this time memories may disappear, witnesses can disappear or die or pass away, and evidence can be lost.
A lawyer who handles car accidents will walk you through the legal options you have during an initial consultation for free. Call Bruscato Law to schedule an appointment in Monroe, LA. We can help you answer all your questions regarding whether or not to sue and the damages you could be able to claim.