auto accident law firm Accident Litigation
Gather all documentation regarding the accident. This includes medical records, photos and evidence of the scene of the crash including bills and pay stubs.
Memories fade, witnesses may move away or die and evidence could disappear. If you and the defendant cannot reach a consensus in this stage, then your case will be heard.
What is a lawsuit?
A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff may seek compensation in the form of monetary damages, or any other non-monetary “equitable remedies” from the court. The defendant has to respond to the complaint.
The first step in a civil lawsuit is to file the complaint. This document provides all the facts and legal basis for holding the defendant responsible for the plaintiff’s losses. The defendant has a set amount of time to respond to the complaint. They can deny the allegations and refute the plaintiff’s arguments, or they can demand that the case be dismissed due to lack of legal reason.
Additionally the defendant has the option to settle the case rather than go to trial. A settlement is a deal reached between the parties to end litigation without determining liability for money.
There are also class action lawsuits, which combine numerous injury claims into one claim to recover compensation. This allows for more cost-effective and efficient litigation as multiple parties are trying to pursue the same claim. This is particularly advantageous in cases where injuries are not that significant and the costs of individual litigation would be prohibitive.
What is the procedure for a lawsuit?
In lawsuits involving car accidents the process usually starts with a lawsuit, that is filed in court and then served on the defendant. The defendant is given between 20 and 30 days to respond, also called an answer. During this period, they can argue against your personal injury claim or even make counterclaims against your. They may also conduct discovery. This could include interrogatories, depositions as well as requests to produce (which may include documents, photos or video proof) and requests for admission.
You can settle your case outside of court, based on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is more cost effective and quicker than going to trial. If the insurance company refuses to pay you an amount that is fair and you are not satisfied, your Long Island auto accident lawyers accident attorney might decide to go to the court.
Generally, the damages you can recover include your documented costs such as medical bills and property damage. In addition, you can sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies tend to lowball victims when they estimate noneconomic damages. A car accident lawyer with years of experience can guarantee that you receive fair compensation for your losses. This is particularly important if the driver at fault is not insured or has inadequate insurance coverage to cover damages.
What can I expect should I decide to file an action?
If a victim of a car accident is seeking compensation for their injuries and losses they have to be prepared to defend their claim. They’ll likely require documentation of their treatment, such as doctors’ notes and tests results, as well with receipts for any medical expenses related to the accident. They’ll need to prove damages, such as loss of wages as well as property damage, pain and discomfort. This is why it’s vital to seek medical attention for any injury within a short time after a crash, so all information is documented and then provided to the insurance company as proof of loss.
During the discovery process your attorney will question witnesses, experts and others to build a strong case for you. This may include depositions in which the person testifies under oath while being challenged by your attorney. This lets both parties review all evidence, evaluate the strength of the testimony, and then make an informed decision about what to do next.
After examining the evidence the judge or jury will determine if the defendant is accountable for the incident and the amount of damages you will be awarded. It could take several days and one year, depending on the case. If one party is dissatisfied with the decision, they can file an appeal. It’s costly and time-consuming for both parties to file an appeal which is why it’s essential to get your case ready immediately following the crash.
Why should I choose to hire a lawyer?
If an accident results in injuries, the victim has to pay costly medical bills and property damage, in addition to lost wages from being incapable of working. Legal action could be necessary to get the money needed. An attorney in Auto Accident Law Firm accidents can help determine if it is advisable to file a lawsuit for your situation.
The first thing an attorney will do is ask for your medical records and other documentation related to the accident. They will utilize this evidence to paint a picture of the degree and severity of your injuries from a car accident. Interviews with witnesses may also take place. In some instances experts such as mechanics and engineers might be called in.
Depending on the facts of your car accident depending on the circumstances, it could take weeks and months or a year to go through the entire process of suing in court. This is due to a number of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence from both parties) and setting court dates, as well in the preparations for trial. During this period, memories may fade, witnesses could move away, or even die, and evidence could be lost.
A lawyer who handles car accidents will help you understand the legal options available to you during the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer your questions about whether to decide to settle or sue and what damages you can recover.