Auto Accident Litigation
Document everything that is related to the accident. This includes medical records, photos and evidence of the scene as well as pay stubs, bills and other documents.
Memories fade, witnesses can disappear or die, and evidence can disappear. If you and the defendant cannot reach an agreement during this phase your case will go to trial.
What is a lawsuit?
A lawsuit is a legal action filed in a court of law, where the plaintiff seeks to hold the defendant accountable for any loss. A plaintiff can ask the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the complaint and may be forced to pay damages if they are found to be responsible.
The first step in the civil process is filing the complaint. The complaint outlines all facts and legal basis for holding the defendant responsible for the plaintiff's losses. The defendant must answer the complaint within a specific time frame. They can deny any allegations and counter the plaintiff's arguments, or request that the case be dismissed because of a lack of legal reason.
A defendant can also opt to settle the case rather than having it tried. Settlement is an agreement made between parties that puts an end to litigation, but without a determination of liability in exchange for a money-based award.
There are also class action lawsuits which combine a variety of injury claims into a single claim to recover compensation. This makes for a more efficient and cost-effective litigation because multiple people are trying to file a claim. This is particularly beneficial when injuries are comparatively small and the cost of individual litigation could be prohibitive.
How do lawsuits work?
In car accident
lawsuits the process generally begins with a complaint which is filed in the court and then served on the defendant. The defendant has 20 to 30 days to respond, which is known as an answer. During this time, they could raise defenses to your personal injury claim and/or file counterclaims against you. They may also be involved in discovery. This includes interrogatories, depositions or requests to produce (which could include documents, photos or video proof), and requests for admission.
You may settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the person who caused the accident. This is a more cost-effective and faster option than going to court. If the insurance company refuses to pay you an amount you are able to afford or even a fair amount, your Long Island auto accident attorney might decide to have to take them to the court.
Generally, the damages you are entitled to get are those that you have documented like medical bills and property damage. In addition, you may sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating noneconomic damages. A car accident lawyer with years of experience can guarantee that you receive fair compensation for your losses. This is particularly important when the person at fault has no insurance or inadequate insurance coverage that covers damages.
What can I expect from a lawsuit?
When a car accident victim is seeking compensation for their injuries and losses they should be prepared to defend their claim. They'll likely require documentation of their treatment. This could include doctor's notes as well as tests results, as well with receipts for any medical expenses related to the accident. They will also need to prove their losses, such as loss of income, property damage and suffering and pain. This is why it's vital to get medical attention for any injuries within a short time after a crash, making sure that all details are documented and presented to the insurance company to prove of loss.
During the discovery phase during the discovery phase, your attorney will interview experts, witnesses and other witnesses to construct an argument that is solid for you. Depositions are a common method in which the person gives their testimony under oath, and is questioned by your attorney. This allows both parties to listen to all the accounts, evaluate the strength of the testimony and take an informed decision about how to proceed.
After reviewing the evidence and evidence, a judge or jury will determine whether the defendant is responsible for the incident and the amount of damages you must be awarded. It can take anywhere from a few days and over one year, depending on the case. If you're unhappy with the result the parties can appeal. It can be costly and time-consuming for both parties to file an appeal so it's crucial to prepare your case as soon as you can after an accident.
Why should I engage an attorney?
If an accident results in injuries the victim is required to pay expensive medical bills and also damages to property and lost wages due to the inability to work. Legal action could be required to receive the money needed. An attorney who handles
auto accident lawsuits accidents can help determine if the filing of a lawsuit is necessary in your case.
The first step of an attorney's job will be to obtain your medical records and other documents in connection with the accident. The evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Interviews with witnesses might also be conducted. In some instances, experts like mechanics or engineers can be brought in.
Based on the circumstances of your car accident depending on the circumstances, it could take weeks up to months or a year to go through the entire process of litigation in the court. This is due to a range of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting court dates, and trial preparations. In this period memories can fade, witnesses could go missing or die, and evidence may be lost.
A lawyer who handles car accidents will help you understand the legal options available to you during a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions regarding whether you should settle or sue and also what damages you can recover.