auto accidents Accident Litigation
Document everything that is regarding the accident. This includes medical records and images of the scene along with pay stubs and bills.
Memories fade, witnesses may go away or die, and evidence could disappear. If you and the defendant fail to reach an agreement in this phase, then your case will be tried.
What is a lawsuit?
A lawsuit is a legal action brought in a court of law, where the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff can seek compensation in the form of monetary damages, or any other non-monetary "equitable remedies" from the court. The defendant is required to respond to the complaint.
The first step in a civil lawsuit is to file the complaint. The complaint outlines the facts of the case and lays out the legal grounds for holding the defendant accountable for the plaintiff's damages. The defendant has a set period of time in which they must respond to the complaint. They can deny the allegations and refute the plaintiff's arguments, or they can demand that the case be dismissed because of a lack of legal reason.
A defendant may also choose to settle a case rather than have it tried. Settlement is an agreement that is voluntary between parties that brings the litigation to an end without a determination of responsibility in exchange for monetary award.
There are also class actions which combine multiple injuries into one claim for compensation. This allows for more efficient and cost-effective litigation, since multiple individuals are trying to file a claim. This is especially advantageous when the damages are small and the expense to litigate each case individually would be prohibitive.
How does a lawsuit work?
In car accident lawsuits, the process typically starts with a formal complaint, which is filed in the courtroom,
auto Accident attorney and then served on the defendant. The defendant has 20-30 days to respond, commonly called an answer. During this period, they can present defenses to your personal injury claim and/or make counterclaims against you. They may also use discovery. This includes interrogatories (written questions) and depositions. They also can make requests for production (which could include videos, documents, photos or physical evidence), and requests for admissions.
You may settle your case without going to court, based on the severity of the injuries you sustained as well as the insurance coverage of the person who caused the accident. This is cheaper and faster than going to trial. However, if the insurance company refuses to pay you a fair amount of money or even a fair amount, your Long Island car accident attorney could decide to bring them to trial.
Generally, the damages you are entitled to get are those that you have documented such as medical bills and property damage. You can also sue for damages that are not economic like pain and suffering. Insurance companies are known for underestimating the cost of non-economic damages. A skilled lawyer for car accidents can draw on their vast experience to ensure you are fairly compensated for your injuries. This is particularly crucial in the event that the driver who caused the accident does not have insurance or lacks insurance coverage to cover damages.
What should I expect if I decide to file an action?
When a victim of a car crash seeks to recover for their losses or injuries they'll need to be prepared to fight their claim. They will likely need documentation of their treatment, such as doctors' notes and test results, aswell as receipts for any medical expenses incurred due to the accident. They'll also have to prove their damages, including loss of income as well as property damage, the pain and suffering. This is why it's vital to seek medical attention for any injuries immediately following a crash, so that all the information is documented and provided to the insurance company to prove of loss.
During the discovery stage during the discovery phase,
auto accident attorney your attorney will interview witnesses, experts and other individuals to create a solid case for you. This may include depositions, where the witness gives their testimony under oath, and is asked questions by your attorney. The parties are able to examine all accounts, determine the strength of the testimony and make a decision on how to proceed.
After having reviewed the evidence, the judge or jury will determine whether the defendant was responsible for the incident. They will also determine the amount of damages that you are entitled to. It could take a few days or an entire year based on the case. If one of the parties is unhappy with the outcome, they are able to file an appeal. The process of appealing can be time-consuming and expensive for both parties, so it is important to prepare your case immediately following a crash.
Why should I choose to hire a lawyer?
If an accident results in injuries, the victim is faced with high medical costs and property damage, as well as lost wages from being unable to work. Legal action could be necessary to secure the compensation you need. An
auto accident attorney can help determine if it is advisable to file a lawsuit in your case.
The first thing an attorney will do is ask for your medical records and other evidence related to the accident. This evidence will be used to determine the extent and severity your injuries from a car accident. Interviews with witnesses can also take place. In certain instances experts like mechanics or engineers may be called into.
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 suing in the court. This is due to a number of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence of both parties) and setting dates for trial, as well in the preparations for trial. In this time, memories may fade, witnesses could move away, or even die, and evidence could be lost.
An experienced attorney for car accidents will help you understand your legal options during a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer all your questions about whether or not to sue and what damages you might be able to recover.