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auto accident law firm Accident Litigation

Take all documentation related to the accident. This includes medical records, photographs and evidence of the crash scene, bills and pay stubs.

Evidence may disappear, witnesses may pass away or disappear and memories fade. If you and the Defendant are unable to reach an agreement during this time your case will be taken to trial.

What is a lawsuit?

A lawsuit is a legal proceeding brought in an administrative court where the plaintiff seeks to hold the defendant responsible 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 has to respond to the complaint.

The first step in a civil lawsuit is filing the complaint. This document outlines the facts of the case, and sets out the legal grounds for holding the defendant accountable for the plaintiff's damages. The defendant must answer the complaint within a specific time frame. They may deny all allegations and counter the plaintiff's arguments, or demand that the case be dismissed due to the absence of a legal basis.

A defendant can also opt to settle a case instead than having it tried. Settlement is an agreement made between parties that brings an end to litigation without any determination of the liability in exchange for a financial award.

There are also class actions, which combine multiple injuries into a single claim for compensation. This allows for more cost-effective and efficient litigation since multiple individuals are trying to pursue the same claim. This is especially advantageous when the damages are small and the cost to litigate individually would be prohibitive.

How does a lawsuit proceed?

In car accident lawsuits, the process typically starts with a complaint which is filed in the court and then served on the defendant. The defendant has between 20-30 days to respond, which is called an answer. During this period, they may present defenses to your personal injury claim, or even make counterclaims against your. They may also engage in discovery. This could include interrogatories (written questions) depositions, depositions, requests for production (which could comprise videos, documents, photos or physical evidence), and requests for admissions.

You can settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the party at fault. This is less expensive and faster than going to trial. However, if the insurance company is unable to provide you with a reasonable amount of money then your Long Island car auto accident lawsuit attorney could decide to bring them to trial.

In general, you can seek damages for the documented costs like medical bills or property damages. Additionally, you can claim non-economic damages, such as pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. A skilled lawyer for car accidents has the experience to ensure that you receive fairly compensated for your injuries. This is especially important when the driver at fault has no insurance or inadequate insurance coverage to cover damages.

What can I expect if I file a lawsuit?

If a victim of an accident seeks compensation for their injuries or losses they'll need to be prepared to fight their claim. They will likely need documentation of their treatment, including doctors' notes and test results, as well in receipts for any medical expenses that are related to the accident. They'll have to prove damages, such as loss of wages, property damage, and discomfort and pain. It is vital to seek medical attention as soon as possible following a crash to treat any injuries so that all the information can be documented and then presented to the insurance company as proof of loss.

During the discovery process your attorney will question witnesses, experts and others to build a strong case on your behalf. This may include depositions in which the person gives their testimony under oath, and is asked questions by your attorney. This allows both parties to hear all accounts, assess the strength of the testimony, and then make an informed decision about what to do next.

After having reviewed the evidence, the judge or jury will decide whether the defendant was accountable for the incident. They will also decide the amount of damages that you will be awarded. Based on the particular case, this can take anywhere from a few days to over one year. If you are unhappy with the outcome the parties can appeal. The process can be lengthy and costly for both parties, which is why it is essential to prepare your case immediately following a crash.

Why should I engage an attorney?

If an accident causes injuries the victim will need to pay medical bills that can be costly in addition to loss of wages and property damage due to the inability to work. Legal action may be needed to obtain the compensation you need. An auto accident lawyer can assist you in determining whether a lawsuit is appropriate for your situation.

The first step for an attorney would be to request your medical records and any other documents that is related to the crash. They will use this evidence to paint a picture of the degree and severity of your injuries from a car accident. Interviews with witnesses might be conducted. In certain instances, experts such as engineers or mechanics could be consulted.

It could take weeks, or months, to complete the court procedure according to the circumstances of your accident. This is due to a range of factors including negotiations with the insurance company, discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. In this time, the memories can fade, witnesses may move away or even pass away, and evidence can be lost.

An experienced car accident attorney will explain your legal options during a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or not you should pursue a lawsuit and what damages you might be able to claim.