auto accident lawyers Accident Litigation
The first step is gathering all the documentation related to your
auto accident lawsuits. This includes medical records, photographs and evidence of the scene including bills and pay stubs.
Memories fade, witnesses can go away or die, and evidence may vanish. If you and the Defendant cannot reach an agreement during this time your case will be taken to trial.
What is a lawsuit?
A lawsuit is an action filed in court where the plaintiff attempts to hold the defendant responsible for the loss. A plaintiff could seek financial compensation, or other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.
The first step in a civil lawsuit is to file the complaint. The document contains all the facts and legal bases for holding the defendant responsible for the plaintiff's losses. The defendant has a set period of time to respond to the complaint. They may deny all allegations and counter the plaintiff's arguments, or ask for the case to be dismissed due to lack of legal reason.
In addition the defendant has the option to settle the case instead of going to trial. A settlement is an agreement reached between the parties to end litigation without determining the extent of liability in exchange for money.
There are also class actions which combine multiple injury claims into a single claim for compensation. This results in a more cost-effective and efficient litigation because multiple people are trying to file a claim. This is especially beneficial when the injuries are relatively small and
Auto Accident Lawsuits the expense to litigate each case individually would be prohibitive.
How do lawsuits work?
In lawsuits involving car accidents the process generally starts with a complaint that is filed in court and then served on the defendant. The defendant has 20 to 30 days to respond, also called an answer. During this period they may defend against your personal injury claim and/or create a counterclaim against you. They may also use discovery. This could include interrogatories (written questions) depositions, depositions, requests for production (which could include photographs, documents, videos or even physical evidence) and requests for admission.
You can settle your case outside of court depending on the severity of the injuries you sustained and the insurance coverage of the party who was at fault. This is a less costly and quicker alternative than going to court. If the insurance company is unwilling to pay you an amount that is reasonable, your Long Island car accident attorney may decide to take them to trial.
Generally, the damages you can be compensated for are the documented costs such as medical bills and property damage. You may also sue for damages that are not economic like pain and suffering. Insurance companies are notorious for underestimating damages that are not economic. A lawyer for car accidents with extensive experience can guarantee you receive fair compensation for your losses. This is especially important in the event that the driver who caused the accident has no insurance or
auto accident lawsuits inadequate insurance coverage to cover damages.
What can I expect from a lawsuit?
When a victim of a car crash seeks compensation for their injuries or losses they must be prepared to fight their claim. They'll likely require evidence of their treatment, including doctors' notes and test results, aswell with receipts for any medical expenses related to the accident. They'll need to prove damages, including lost wages damages to property, discomfort and pain. This is why it's important to get medical attention for any injuries immediately following a crash so all information is documented and can be provided to the insurance company as proof of loss.
During the process of discovery Your attorney will interview witnesses, experts and others to establish a solid case on your behalf. It could also include depositions where the witness is required to testify under oath as they are confronted by your attorney. The parties are able to examine all accounts, determine the credibility of the testimony and take a decision on what to do next.
After examining the evidence and evidence, a judge or jury will determine if the defendant is responsible for the accident and determine the amount of damages you will receive. The process can take anywhere from just a few days to a year depending on the circumstances. If you are not satisfied with the result both parties have the option of appealing. The process of appealing can be time-consuming and costly for both parties, therefore it is crucial to plan your case quickly following the crash.
Why should I hire a lawyer?
If an accident causes injuries the victim will need to pay medical bills that can be costly and also loss of wages and property damage due to being unable work. It is necessary to obtain the amount of compensation required. A lawyer who specializes in
auto accident lawsuits accidents can help you determine whether a lawsuit is the right option for your situation.
The first thing an attorney will do is request your medical records and other evidence related to the accident. This evidence will be used to determine the severity and extent of the injuries you sustained in a vehicle accident. Witnesses are also interviewed. In some instances experts such as engineers or mechanics may be called in.
It could take weeks, even months to complete the court procedure according to 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) and setting the dates for court and trial preparations. In this time, memories may fade, witnesses may move away or even die and evidence may be lost.
An experienced lawyer for car accidents will walk you through your legal options during a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll be able to answer any questions you have regarding whether you should settle or sue, as well as what damages you could recover.