auto accident law firm Accident Litigation

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

Evidence can vanish, witnesses may disappear or die and memories may fade. If you and the defendant are unable to reach a consensus in this stage, your case will be heard.

What is a lawsuit?

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

The first step in the civil court process is to file the complaint. This document outlines the facts of the case and lays out the legal basis to hold the defendant accountable for the plaintiff's damages. The defendant must answer the complaint within a predetermined amount of time. They may deny all allegations and counter the plaintiff's arguments, or they can request that the case be dismissed for lack of legal reason.

In addition, a defendant can choose to settle the case instead of going to trial. Settlement is an agreement reached between the parties to stop litigation without determining liability for money.

There are also class actions which combine multiple injuries into one claim for compensation. This makes for a more cost-effective and efficient litigation, since multiple individuals are trying to file a claim. This is particularly beneficial when the injuries are relatively small and the expense to litigate each case individually would be prohibitive.

How do lawsuits proceed?

In car accident lawsuits, the process typically starts with a formal complaint, which is filed in the courtroom, and then served to the defendant. The Defendant then has between 20 and 30 days to respond or answer. During this period, they can raise defenses to your personal injury claim, or even make counterclaims against your. They may also use discovery. This could include interrogatories, depositions and requests for evidence (which could include photos, documents or video evidence) and requests for admission.

Based on the severity of your injuries as well as 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 less expensive and less time-consuming than pursuing a trial. If the insurance company refuses to pay you the amount you deserve, your Long Island auto accident law firms accident attorney could decide to take them to the court.

The damages you can get are those that you have documented such as medical bills and property damage. In addition, you can sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer experienced in car accidents with vast experience can make sure that you are compensated fairly for your damages. This is particularly important if the at-fault driver has no insurance or insufficient insurance coverage to pay for your damages.

What should I expect if I file a lawsuit?

When a car accident victim is seeking compensation for their injuries and losses they have to be prepared to defend their claim. They will have to provide proof of their treatment, such as doctor's notes and results from tests and receipts relating to any medical expenses. They will need to prove damages, including loss of wages as well as property damage, discomfort and pain. This is the reason it's essential to get medical attention for any injury immediately after a crash so that all the information is documented and can be presented to the insurance company as proof of loss.

During the discovery stage the attorney will speak with experts, witnesses, and others to build a solid case for you. This could include depositions in which the witness is required to testify under oath, while being challenged by your attorney. This allows both parties to hear all accounts, assess the strength of the evidence and make the decision on what to do next.

After examining the evidence, a judge or jury will decide if the defendant is responsible for the accident and the amount of compensation you'll be awarded. It can take anywhere from a few days or one year, depending on the case. If you're unhappy with the outcome you can appeal to either party. It can be expensive and time-consuming for both parties to appeal therefore it is important to plan your appeal in the earliest possible time after the crash.

Why should I engage an attorney?

When an accident causes injuries, the victim will be faced with high medical costs and property damage, as well as the loss of wages due to being unable to work. Legal action may be needed in order to receive the compensation you need. An auto accident attorney will help you determine if it is advisable to file a lawsuit in your situation.

The first thing an attorney will do is request your medical records and other evidence in connection with the accident. The evidence will be used to determine the extent and severity of your injuries in a car accident. Interviews with witnesses can be conducted. In some instances experts such as mechanics or engineers can be consulted.

Depending on the facts of your car accident depending on the circumstances, it could take weeks and months or the whole year to complete the entire process of suing in court. This is due to a variety of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. During this time, memories may fade, witnesses could move away or even pass away, and evidence can be lost.

An experienced attorney for car accidents will guide you through your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer all your questions about whether or not you should pursue a lawsuit and the damages you could be able to claim.