auto accident lawsuits Accident Litigation
Collect all the documentation regarding the auto accident law firm. This includes medical records and photographs of the scene of the accident, as well as bills and pay stubs.
Evidence can disappear, witnesses may pass away or disappear and memories fade. If you and the defendant are unable to reach an agreement in this stage, then your case will be heard.
What is a lawsuit?
A lawsuit is a legal action brought in a court of law wherein the plaintiff seeks to hold the defendant accountable for any loss. A plaintiff could seek an amount of money, or other non-monetary “equitable remedies” from the court. The defendant is required to respond to the complaint.
The complaint is the initial step of a civil case. This document provides all the facts and legal reasons for determining the defendant’s liability for the plaintiff’s losses. The defendant must respond to the complaint within a specific time frame. They can deny all allegations and counter the plaintiff’s arguments, or ask for the case to be dismissed due to the absence of a legal basis.
Additionally, a defendant may choose to settle the case rather than go to trial. A settlement is a deal reached by the parties to end litigation without determining liability in exchange for money.
There are also class action lawsuits, that combine multiple injuries into one claim to recover compensation. This makes for a more efficient and cost-effective litigation, since multiple individuals are trying to file a claim. This is particularly advantageous when the injuries are relatively small and the expense to litigate individually would be prohibitive.
How does a lawsuit work?
In car accident lawsuits the process typically starts with a formal complaint which is filed with the court and then sent to the defendant. The defendant has between 20-30 days to respond, also called an answer. During this period, they can argue against your personal injury claim and/or make counterclaims against you. They may also pursue discovery. This can include depositions, interrogatories and requests for evidence (which may include documents, photos video, or physical proof) and requests for admission.
Based on the severity of your injuries and the insurance coverage of the at-fault party or coverage, you can choose to settle your case outside of court. This is less expensive and faster than pursuing a trial. If the insurance company is unwilling to provide you with an adequate amount of money and you are not satisfied, your Long Island car accident attorney might choose to take them to trial.
Generally, the damages you can be compensated for are the documented costs like medical bills and property damage. Additionally, you are able to seek compensation for noneconomic damages like pain and suffering. Unfortunately, insurance companies often lowball victims when it comes to estimating the non-economic damage. A skilled lawyer for car accidents will use their vast experience to ensure you are fairly compensated for your damages. This is especially important when the person at fault has no insurance or inadequate insurance coverage to pay for damages.
What can I expect when I decide to file an action?
If a victim of a car collision is seeking compensation for their injuries and losses, they must be prepared to pursue their claim. They’ll likely require evidence of their treatment, such as doctors’ notes and tests results, as well as receipts for any medical expenses related to the accident. They’ll need to prove damages, such as lost wages as well as property damage, discomfort and pain. It is crucial to seek medical attention right away after a crash for any injuries and ensure that all details can be documented and presented to the insurance company as proof of loss.
During the discovery process the attorney will speak with witnesses, experts and more to create a convincing case on your behalf. This could include depositions where the person is required to testify under oath, while being questioned by your attorney. This gives both parties the opportunity to listen and discuss each other’s testimony, assess the strength of the evidence and then decide which way to proceed.
After reviewing the evidence, a judge or jury will determine if the defendant is responsible for the accident and determine the amount of damages you should receive. This can take between several days and an entire year based on the specific case. If you are unhappy with the outcome both parties have the option of appealing. The process of appealing can be time-consuming and expensive for both parties, so it is important to prepare your case right away after an accident.
Why should I engage a lawyer?
If an accident results in injuries the victim will need to pay high medical bills in addition to property damage and lost wages due to the inability to work. Legal action could be necessary in order to receive the compensation you require. An auto accident lawyer can help you determine whether a lawsuit would be appropriate for your particular situation.
An attorney’s first step will be to obtain your medical records and any other documents connected to the crash. They will use this evidence to create a picture of degree and severity of your car accident-related injuries. Interviews with witnesses may also be conducted. In certain cases experts like engineers or mechanics may be brought in.
Based on the circumstances of the car accident, it could take weeks or months, or one year to complete the entire process of suing in the court. This is due to a range of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. During this time memories may fade, witnesses could move away or die and evidence may be lost.
A seasoned attorney for car accidents will help you understand your legal options in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions regarding whether or how to proceed and what damages you may be able to claim.
