auto accident lawyers Accident Litigation

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

Memory fades, witnesses could move away or die and evidence can disappear. If you and the defendant do not agree on a solution in this stage, your case will be tried.

What is a lawsuit?

A lawsuit is an action in the court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff can request the court for compensation in cash or other non-monetary "equitable relief." The defendant must respond to the suit and may be required to pay damages if found to be liable.

The first step in a civil lawsuit is filing the complaint. The document describes the facts of the case and spells out the legal grounds for holding the defendant accountable for the plaintiff's damages. The defendant must respond to the complaint within a predetermined time frame. They can deny any allegations and counter the plaintiff's arguments, or they can ask for the case to be dismissed for the absence of a legal basis.

A defendant can also opt to settle a case rather than having it tried. A settlement is a deal reached between the parties to stop litigation without determining the extent of liability in exchange for money.

There are also class action lawsuits which combine numerous injury claims into one claim for compensation. This makes for more efficient and cost-effective litigation since multiple individuals are pursuing the same claim. This is particularly advantageous when the damages are minor and the cost to pursue the case on its own is prohibitive.

How does a lawsuit work?

In car accident lawsuits, the process typically begins with a formal lawsuit that is filed in the courtroom, and then served to the defendant. The defendant is given between 20-30 days to respond, also known as an answer. In this time they may raise defenses against your personal injury claim and/or make a counterclaim against you. They may also be involved in discovery. This can include depositions, interrogatories or requests to produce (which could include photos, documents or video proof), and requests for admissions.

Depending on the severity of your injuries and the insurance coverage of the at-fault party or coverage, you can choose to settle your case outside of court. This is a cheaper and quicker option than going to court. If the insurance company refuses to pay you an amount you are able to afford, your Long Island auto accident attorney may decide to go to the court.

Generally, the damages you are entitled to get are those that you have documented like medical bills and property damage. You can also sue for damages that are not economic like pain and suffering. Unfortunately, insurance companies tend to undervalue victims when estimating non-economic damages. A skilled car accident lawyer will use their vast experience to ensure that you get fairly compensated for your injuries. This is particularly important in the event that the at-fault driver is not insured or has inadequate insurance coverage to cover your damages.

What should I expect if I file an action?

If a victim of a car accident seeks compensation for their injuries and losses, they must be prepared to fight for their claim. They'll likely require documentation of their treatment, such as doctor's notes as well as test results, aswell as receipts for any medical expenses incurred due to the accident. They will also need to show their damages, such as lost income, property damage, and pain and suffering. This is why it's crucial to get medical attention for any injuries 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 interview witnesses, experts and auto accident lawyer others to establish a solid case for you. This could include depositions in which the witness is required to testify under oath, while being confronted by your attorney. This allows both parties the opportunity to listen to other's stories, evaluate the credibility of the evidence and then decide which way to proceed.

After reviewing the evidence after which a jury or judge will determine whether the defendant is responsible for the accident and the amount of compensation you'll receive. Based on the particular case, this could take anywhere from several days to one year. If either party is dissatisfied with the outcome, they are able to file an appeal. It can be expensive and time-consuming for both parties to file an appeal which is why it's essential to plan your appeal as soon as possible after a crash.

Why should I employ a lawyer?

When an accident causes injuries, the victim has to pay expensive medical bills and property damage, as well as lost wages from being not able to work. Legal action could be necessary in order to receive the compensation you need. An auto accident lawyer can assist you in determining whether a lawsuit is the right option for your situation.

The first thing an attorney will do is request your medical records and other documents related to the accident. This evidence will be used to determine the extent and severity your injuries in a car accident. Witnesses can also be interviewed. In certain cases experts like mechanics or engineers can be brought in.

Based on the circumstances of the car accident depending on the circumstances of your car accident, it could take weeks and months or one year to complete the entire process of suing in the court. This is due to a number of factors, including negotiations with insurance companies, discovery (analyzing the evidence from both sides), setting dates for court, as well as trial preparations. In this time, memories may fade, witnesses may move away or even die, and evidence may be lost.

A car accident lawyer will assist you with the legal options available to you during a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can help you answer all your questions about whether or not you should pursue a lawsuit and what damages you may be able to recover.