Auto Accident Litigation

Take all documentation in connection with the accident. This includes medical records, photos and evidence of the accident scene including bills and pay stubs.

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

What is a lawsuit?

A lawsuit is a legal proceeding filed in an administrative court where the plaintiff seeks to hold the defendant responsible for any loss. A plaintiff can seek monetary compensation, or other non-monetary "equitable remedies" from the court. The defendant must to respond to the complaint.

The first step in a civil lawsuit is filing the complaint. The complaint outlines all facts and legal bases for holding the defendant responsible for the plaintiff's losses. The defendant is given a specific period of time to respond to the complaint. They can contest the allegations and the arguments of the plaintiff or ask to have the case dismissed due to lack of legal reason.

A defendant can also choose to settle a case rather than attempting to resolve it. A settlement is an agreement reached between the parties to stop litigation without determining liability for money.

There are also class actions, which combine multiple injury claims into one claim for compensation. This allows for more cost-effective and efficient litigation since many people are seeking compensation for the same issue. This is especially advantageous in cases where injuries are not that significant and the costs of individual litigation would be prohibitive.

How does a lawsuit work?

In lawsuits involving car accidents the process generally starts with a lawsuit, that is filed in court and served to the defendant. The defendant has 20 and 30 days to reply, also called an answer. During this time, they could present defenses to your personal injury claim and/or file counterclaims against you. They may also use discovery. This can include interrogatories (written questions) and depositions. They also can make requests for production (which could include documents, photos, videos or physical evidence) and requests for admission.

Based on the severity of your injuries as well as the at-fault party's insurance coverage depending on the severity of your injuries, you could choose to settle your case outside of court. This is a cheaper and faster alternative to going to court. If the insurance company refuses to pay you a fair amount and you are not satisfied, your Long Island auto accident attorney may decide that they will bring them to the court.

In general, you can claim damages for your documented expenses like medical bills and property damage. You can also sue for damages that are not economic, such as pain and suffering. Unfortunately, insurance companies tend to lower the amount of compensation for victims when they estimate the non-economic damage. A car accident lawyer with years of experience can guarantee that you are compensated fairly for your losses. This is particularly crucial if the driver at fault does not have insurance or has inadequate insurance coverage to cover damages.

What can I expect should I file a lawsuit?

If a person who has been injured in a car accident seeks compensation for their injuries or losses they must be prepared to fight their claim. They will need to provide evidence of their treatment, including medical notes and test results along with receipts relating to medical expenses. They'll also need to prove their losses, such as loss of income or property damage as well as suffering and pain. It is important to seek medical attention promptly following a crash to treat any injuries to ensure that all information can be documented and presented to the insurer to prove the loss.

During the discovery stage during the discovery phase, your attorney will interview witnesses, experts, and others to build a strong case for you. It could also include depositions where witnesses testify under oath and is confronted by your attorney. This allows both parties the opportunity to listen and discuss each other's accounts, evaluate the strength of the evidence and decide on the best way to proceed.

After examining the evidence after which a jury or judge will determine whether the defendant is accountable for the accident and the amount of compensation you'll be awarded. Based on the particular case, it could take anything from one or two days to one year. If either party is unhappy with the decision, they can appeal the decision. The process of appealing can be time-consuming and expensive for both parties, therefore it is important to begin preparing your case quickly after an accident.

Why should I engage an attorney?

If an accident results in injuries, the victim is faced with costly medical bills and property damage, as well as the loss of wages due to being not able to work. Legal action may be needed in order to receive the compensation you need. An attorney who handles auto accidents accident lawsuits (Resource) accidents can assist in determining whether filing a lawsuit makes sense for your situation.

The first step for an attorney would be to obtain your medical records and any other documentation related to the crash. They will utilize this evidence to paint a picture of the magnitude and severity of your car accident injuries. Witnesses could also be interviewed. In some instances, experts like mechanics or engineers can be brought to testify.

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

An experienced attorney for car accidents will explain your legal options during a complimentary 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, as well as what damages you could recover.