Auto Accident Litigation
Collect all the documentation that pertains to your accident. This includes medical records, photographs of the scene of the accident and also pay stubs and bills.
Evidence can disappear witnesses can disappear or die, and memories fade. If you and the Defendant cannot come to an agreement in this stage your case will be taken to trial.
What is a lawsuit?
A lawsuit is a legal proceeding brought in a court of law, where the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff may ask for financial compensation, or other non-monetary “equitable remedies” from the court. The defendant must to respond to the complaint.
The complaint is the initial step of a civil case. The document describes the facts of the case and lays out the legal basis to hold the defendant accountable for plaintiff’s damages. The defendant must respond to the complaint within a specific period of time. They can deny the allegations and counter the arguments of the plaintiff, or ask to have the case dismissed due to lack of legal reason.
Additionally the defendant has the option to settle the case rather than going to trial. A settlement is a deal reached between the parties to stop litigation without determining the liability in exchange for money.
There are also class action lawsuits, that combine multiple injury claims into one to recover compensation. This allows for a more efficient and cost-effective litigation, since multiple individuals are in the process of pursuing a claim. This is especially beneficial in cases where injuries are not that significant and the cost of individual litigation could be prohibitive.
What is the procedure for a lawsuit?
In car accident lawsuits, the process usually begins with a formal complaint that is filed with the court and then delivered to the defendant. The defendant is given between 20 and 30 days to reply, also called an answer. During this time, they may present defenses to your personal injury claim, and/or make counterclaims against you. They can also engage with discovery. This includes depositions, interrogatories or requests to produce (which could include photos, documents, video, and/or physical proof) and requests for admissions.
Based on the severity of your injuries as well as the at-fault party’s insurance coverage You may decide to settle your case outside of court. This is less expensive and faster than pursuing a trial. If the insurance company refuses to pay an amount that is fair or even a fair amount, your Long Island auto accident lawyer accident attorney may decide to bring them to the court.
Generally speaking, the damages you can recover include your documented costs like medical bills and property damage. You can also sue for noneconomic damages that you suffer from, like pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. A skilled car accident lawyer will use their vast experience to ensure that you receive fairly compensated for your damages. This is especially crucial when the driver at fault has no insurance or insufficient insurance coverage to cover your damages.
What can I expect from a lawsuit?
When a car accident victim is seeking compensation for their injuries and losses, they must be prepared to defend their claim. They’ll likely require proof of their treatment. This could include doctor’s notes and tests results, as well as receipts for any medical expenses that are related to the accident. They’ll also have to prove their losses, such as loss of income, property damage, and pain and suffering. This is why it’s vital to seek medical attention for any injury within a short time after a crash, so all information is documented and provided to the insurance company as proof of loss.
During the process of discovery the attorney will speak with witnesses, experts and more to create a convincing case for you. This may include depositions in which witnesses testify under oath, while being questioned by your attorney. This lets both parties hear all accounts, assess the credibility of the evidence and lawsuits make a decision on how to proceed.
After examining the evidence and evidence, Lawsuits a judge or jury will determine if the defendant is accountable for the incident and the amount of damages you must be awarded. The case will vary, but it could take anything from several days to an entire year. If either party is unhappy with the decision, they can appeal the decision. It can be costly and time-consuming for both parties to file an appeal, so it’s important to prepare your case as soon as you can after an accident.
Why should I engage a lawyer?
If an accident causes injuries the victim will need to pay high medical bills in addition to damages to property and lost wages due to being unable work. Legal action may be needed to get the compensation you need. An attorney for auto accidents can help you determine if a lawsuit is appropriate for your situation.
The first step for an attorney would be to obtain your medical records and any other documentation related to the crash. They will use this evidence to sketch a picture of the severity and extent of your injuries sustained in a car accident. Witnesses could also be interviewed. In certain cases, experts such as mechanics or engineers can be called in.
It could take weeks, even months, to complete the court process dependent on the circumstances of your accident. This is due to a range of factors like negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for trial, and preparations. In this time, the memories can disappear, witnesses could go away, or even die, and evidence may be lost.
A seasoned attorney for car accidents will help you understand your legal options during a complimentary consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions about whether or how to proceed and what damages you might be able to claim.
