auto accident law firms Accident Litigation

Collect all the documentation in connection with the accident. This includes medical records, photographs and evidence of the crash scene as well as pay stubs, bills and other documents.

Memories fade, witnesses may leave or pass away, and evidence may disappear. If you and the defendant cannot reach an agreement in this phase, then your case will be tried.

What is a lawsuit?

A lawsuit is a legal action filed in a court of law wherein the plaintiff seeks to make the defendant accountable for any loss. A plaintiff may ask the court for compensation in cash or other non-monetary "equitable relief." The defendant must respond to the complaint and may be ordered to pay damages if found to be liable.

The complaint is the primary step in a civil case. The complaint outlines all facts and legal grounds to hold the defendant accountable for the plaintiff's losses. The defendant is given a specific amount of time to respond to the complaint. They may deny all allegations and counter the plaintiff's arguments, or demand that the case be dismissed due to lack of legal reason.

In addition the defendant has the option to settle the case rather than going to trial. A settlement is an agreement that is voluntary between parties that brings an end to litigation but without any determination of the parties' liability in exchange for financial award.

There are also class action lawsuits, which combine many injuries into one claim to recover compensation. This makes for more cost-effective and efficient litigation since multiple individuals are fighting the same case. This is especially beneficial when the damages are small and the expense to litigate on your own would be prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits, the process usually begins with a formal lawsuit that is filed with the court and then served to the defendant. The defendant has between 20 and 30 days to file their response called an answer. During this period they may make defenses against your personal injury claim and/or make a counterclaim against you. They may also conduct discovery. This can include depositions, interrogatories, requests to produce (which could include photos, documents, video, and/or physical evidence) and requests for admission.

You can settle your case outside of court, based on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is a less costly and quicker option than going to court. If the insurance company refuses to pay you an amount that is fair then your Long Island auto accident attorneys accident attorney may decide to go to court.

The damages you are entitled to get are those that you have documented such as medical bills and property damage. Additionally, you are able to sue for noneconomic damages like pain and suffering. Insurance companies are known for underestimating the cost of non-economic damages. A seasoned lawyer in car accidents can use their extensive experience to ensure you are fairly compensated for your damages. This is especially important when the driver at fault has no insurance or insufficient insurance coverage to pay for your damages.

What can I expect from a lawsuit?

If a person who has been injured in a car crash seeks compensation for their losses or injuries they must be prepared to defend their claim. They will have to provide proof of their treatment, such as medical notes and test results and receipts relating to any medical expenses. They'll need to prove damages, including lost wages or property damage, as well as pain and discomfort. This is why it's important to seek medical attention for any injuries immediately following a crash so all information is documented and can be provided to the insurance company to prove of loss.

During the process of discovery the attorney will speak with witnesses, experts and others to establish a solid case on your behalf. This may include depositions in which the person testifies under oath and is challenged by your attorney. This allows both parties to review all evidence, evaluate the credibility of the testimony and take a decision on how to proceed.

After reviewing the evidence the judge or auto accident jury will determine if the defendant is accountable for the accident and determine the amount of damages you should be awarded. Depending on the case, this could take anywhere from several days to an entire year. If one of the parties is unhappy with the outcome, they are able to make an appeal. Appeals can be time-consuming and costly for both parties, so it is important to begin preparing your case right away after an accident.

Why should I choose to hire an attorney?

If an accident results in injuries, the victim is faced with costly medical bills and property damage, plus lost wages from being not able to work. Legal action could be necessary to obtain the compensation you require. An auto accident attorney can help determine if the filing of a lawsuit is necessary in your situation.

An attorney's first step will be to obtain your medical records as well as other documentation connected to the crash. This evidence will be used to determine the extent and severity of your injuries from a car accident. Witnesses can also be interviewed. In some instances experts like engineers or mechanics could be called in.

Based on the circumstances of your car accident depending on the circumstances, it could take weeks or months, or an entire year to complete the entire process of suing in court. This is due to a variety of factors like negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. During this time, memories may fade, witnesses might move away or even pass away, and evidence may be lost.

A lawyer for car accidents will guide you through the legal options that are available to you during an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer all your questions regarding whether or how to proceed and what damages you might be able to claim.