Auto Accident Litigation
Document everything that is that pertains to your accident. This includes medical records, images of the scene, as well as bills and pay stubs.
Memories fade, witnesses might go away or die, and evidence can disappear. If you and the defendant fail to agree on a solution in this phase, then your case will be tried.
What is a lawsuit?
A lawsuit is a legal proceeding filed in a court of law, where the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff can ask the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the complaint and may be required to pay damages if they are found to be liable.
The first step in the civil process is filing the complaint. This document provides all the facts and legal basis for holding the defendant liable for the plaintiff's losses. The defendant has a predetermined amount of time to respond to the complaint. They may deny the allegations and counter the arguments of the plaintiff, or demand that the case be dismissed due to lack of legal basis.
Additionally, a defendant can choose to settle the case rather than go to trial. A settlement is an agreement reached between the parties to end litigation without determining liability in exchange for money.
There are also class actions which combine multiple injuries into a single claim for compensation. This makes for more cost-effective and efficient litigation since many people are trying to pursue the same claim. This is especially beneficial when the injuries are relatively small and the expense to pursue the case on its own is prohibitive.
How does a lawsuit work?
In car accident lawsuits the process usually starts with a formal complaint which is filed in the courtroom, and then sent to the defendant. The defendant is given between 20 and 30 days to reply, also called an answer. During this time, they could raise defenses to your personal injury claim, or make counterclaims against you. They may also be involved in discovery. This could include interrogatories, depositions or requests to produce (which could include photos, documents, video, and/or physical evidence) and requests for admissions.
Depending on the degree of your injuries and the at-fault party's insurance coverage depending on the severity of your injuries, you could choose to settle your case out of court. This is less expensive and faster than pursuing a trial. If the insurance company refuses to pay an amount you are able to afford, your Long Island
auto accident lawyers accident attorney could decide to have to take them to the court.
Generally speaking, the damages you can get are those that you have documented such as medical bills and property damage. You may also sue for non-economic damages, such as pain and suffering. Insurance companies are notorious for
auto accident Lawsuits underestimating the non-economic damages. A seasoned lawyer in car accidents can use their extensive experience to ensure that you are fairly compensated for your losses. This is especially important when the driver at fault is not insured or has inadequate insurance coverage to cover your damages.
What do I get from a lawsuit?
When a victim of an accident seeks compensation for their losses or injuries, they will need to be prepared to contest their claim. They will have to provide documentation of their treatment including doctor's notes and test results as well as receipts related to medical expenses. They'll need to show damages, including lost wages, property damage, and discomfort and pain. It is important to seek medical attention right away after a crash, in case of injuries so that all the information can be documented and submitted to the insurance company to prove the loss.
During the discovery phase, your attorney will interview experts, witnesses and other individuals to create an evidence-based case for you. This could include depositions in which witnesses testify under oath, while being confronted by your attorney. The parties have the opportunity to listen to other's testimony, assess the credibility of the evidence and decide on the best way to proceed.
After examining the evidence and evidence, a judge or jury will decide if the defendant is accountable for the accident, and the amount of damages you will be awarded. Based on the particular case, this could take anywhere from one or two days to one year. If you're not satisfied with the result you can appeal to either party. Appeals can be time-consuming and costly for both parties, which is why it is crucial to plan your case as soon as possible following an accident.
Why should I engage an attorney?
If an accident results in injuries the victim will need to pay expensive medical bills and also the cost of property damage and lost wages due to being unable work. Taking legal action may be necessary to obtain the compensation needed. An attorney in
auto accident lawsuits accidents can help determine if the filing of a lawsuit is necessary in your case.
An attorney's first step will be to ask for your medical records and any other documentation related to the accident. They will use this evidence to draw a picture of magnitude and severity of your car accident-related injuries. Interviews with witnesses could be conducted. In some instances, experts such as engineers or mechanics can be called in.
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 the insurance company, discovery (analyzing evidence from both sides), setting dates for trial, and preparations. In this period memories may disappear, witnesses can move away or die or pass away, and evidence can be lost.
A lawyer for car accidents will guide you through the legal options that are available to you in a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer your questions regarding whether you should sue or settle, as well as what damages you are entitled to.