auto accident attorney Accident Litigation

Collect all the documentation related to your accident. This includes medical records, photographs and evidence of the crash scene as well as pay stubs, bills and other documents.

Evidence can disappear, witnesses may disappear or die and memories fade. If you and the defendant are unable to agree on a solution in the next phase, then your case will be tried.

What is a lawsuit?

A lawsuit is an action filed in court where the plaintiff attempts to hold the defendant responsible for a loss. A plaintiff may request the court for compensation in cash or other non-monetary "equitable relief." The defendant must respond to the complaint and could be ordered to pay damages if they are found to be liable.

The first step in a civil lawsuit is filing the complaint. This document provides all the facts and legal reasons for holding the defendant liable for the plaintiff's losses. The defendant has a set amount of time to respond to the complaint. They can argue against the allegations and the arguments of the plaintiff or request that the case is dismissed for lack legal cause.

A defendant may also decide to settle a matter rather than attempting to resolve it. A settlement is an agreement that is voluntary between parties that brings an end to litigation but without a determination of the parties' liability in exchange for monetary award.

There are also class actions, which combine multiple injuries into a single claim for compensation. This allows for a more cost-effective and efficient litigation, since multiple individuals are pursuing a claim. This is especially advantageous when injuries are comparatively small and the cost of individual litigation could be prohibitive.

How do lawsuits function?

In car accident lawsuits, the process usually starts with a formal complaint which is filed in the courtroom, and then served on the defendant. The defendant is given between 20 to 30 days to reply, also called an answer. During this time, they can defend against your personal injury claim, and/or create a counterclaim against you. They may also pursue discovery. This includes interrogatories, depositions, requests to produce (which could include photos, documents videos, documents, and/or physical proof), and requests for admissions.

You may settle your case outside of court, based on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is more economical and faster than pursuing a trial. If the insurance company is unwilling to give you a fair amount of money and you are not satisfied, your Long Island car accident attorney might choose to take them to trial.

In general, you can recover damages for the costs you have documented such as medical bills and property damages. You may also sue for noneconomic damage like pain and suffering. Unfortunately, insurance companies frequently lower the amount of compensation for victims when they estimate damages that are not economic. A skilled lawyer for car accidents can use their extensive experience to ensure that you receive fairly compensated for your damages. This is especially crucial in the event that the driver who caused the accident does not have insurance or lacks insurance coverage to pay for damages.

What can I expect if I file a lawsuit?

If a victim of a car collision seeks compensation for their losses and injuries they should be prepared to defend their claim. They must provide the evidence of their treatment such as doctor's notes and results from tests as well as receipts related to any medical expenses. They'll have to prove damages, including loss of wages or property damage, as well as discomfort and pain. This is the reason it's essential to get medical attention for any injuries within a short time after a crash, to ensure that all information is recorded and is then presented to the insurance company to prove of loss.

During the discovery stage during the discovery phase, your attorney will interview witnesses, experts and other individuals to create a strong case for you. This could include depositions where the witness is required to testify under oath while being interrogated by your attorney. The parties are able to review all evidence, evaluate the strength of the evidence and make a decision on how to proceed.

After examining the evidence the judge or jury will decide if the defendant is responsible for the accident and determine the amount of compensation you'll receive. This can take between just a few days to one year based on the particular case. If either party is unhappy with the outcome, they are able to 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 the crash.

Why should I employ an attorney?

If an accident results in injuries, the victim is faced with expensive medical bills and property damage, in addition to lost wages from being not able to work. Legal action may be needed to obtain the compensation you need. An attorney for Auto accident Lawsuits accidents can help determine if the filing of a lawsuit is necessary in your situation.

An attorney's first step will be to obtain your medical files and other documents that is related to the accident. They will use this evidence in order to sketch a picture of the degree and severity of your car accident injuries. Witnesses can also be interviewed. In some cases, experts such as engineers or mechanics could be called in.

Based on the circumstances of your car accident, it could take weeks up to months or the whole year to complete the entire process of suing in court. This is due to a range of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. In this period memories fade, witnesses can disappear or die, and evidence may be lost.

An experienced car accident attorney will explain your legal options during a complimentary consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll be able to answer any questions you have about whether to either settle or pursue a lawsuit and the amount of damages you can claim.