Auto Accident Litigation
The first step is to collect all documentation pertaining to your accident. This includes medical records, photos and evidence of the crash scene, bills and pay stubs.
Evidence may disappear witnesses can pass away or disappear, and memories fade. If you and the defendant do not reach a consensus during this time, your case will go to trial.
What is a lawsuit?
A lawsuit is a proceeding in court in which the plaintiff seeks to hold the defendant accountable for the loss. A plaintiff may ask the court for monetary compensation or other non-monetary “equitable relief.” The defendant must respond to the suit and may be ordered to pay damages if they are held liable.
The first step in a civil lawsuit is filing the complaint. The document contains all the facts and legal reasons for holding the defendant liable for the plaintiff’s losses. The defendant is given a specific period of time to respond to the complaint. They can deny all allegations and refute the plaintiff’s arguments, or request that the case be dismissed due to lack of legal reason.
A defendant can also choose to settle a matter rather than attempting to resolve it. A settlement is an agreement that is voluntary between parties that puts an end to litigation without a determination of the parties’ liability in exchange for monetary award.
There are also class action lawsuits, that combine multiple injury claims into a single claim to recover compensation. This makes for more efficient and cost-effective litigation since multiple individuals are pursuing the same claim. This is especially advantageous when the damages are minor and the cost to pursue the case on its own is prohibitive.
How do lawsuits work?
In car accident lawsuits, the process typically starts with a lawsuit, which is filed in court and served to the defendant. The defendant has 20-30 days to respond, which is called an answer. In this time they may raise defenses against your personal injury claim, and/or create a counterclaim against you. They may also be involved in discovery. This includes interrogatories, depositions as well as requests to produce (which could include documents, photos, video, and/or physical proof), and requests for admissions.
Depending on the severity of your injuries and the insurance coverage of the party at fault, you may choose to settle your case out of court. This is a cheaper and faster option than going to court. If the insurance company refuses to pay you an amount you are able to afford then your Long Island harrisburg auto Accident attorney accident attorney may decide to take them to court.
Generally speaking, the damages you are entitled to be compensated for are the documented costs like medical bills and property damage. Additionally, you can sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer who has years of experience can guarantee that you get fair compensation for your damages. This is particularly crucial if the at-fault driver does not have insurance or lacks insurance coverage to pay for your damages.
What can I expect when I file an action?
If the victim of a car accident seeks compensation for their injuries or losses they’ll need to be prepared to fight their claim. They will have to provide documentation of their treatment including the notes of a doctor and test results and receipts relating to medical expenses. They’ll need to prove damages, including loss of wages or property damage, as well as discomfort and pain. It is important to seek medical attention as soon as possible after a collision for any injuries so that all the information can be documented and then presented to the insurance company to prove the loss.
During the discovery stage the attorney will speak with experts, witnesses and other individuals to create a strong case for you. Depositions are a common method in which the person testifies their testimony under oath, and is asked questions by your attorney. This allows both parties the chance to listen to each witnesses’ accounts, evaluate the strength of the evidence and decide on which way to proceed.
After reviewing the evidence, the judge or jury will determine whether the defendant was responsible for the incident. They will also determine the amount of damages that you should receive. This can take between just a few days to one year based on the circumstances. If you’re not satisfied with the result both parties have the option of appealing. It can be expensive and time-consuming for both parties to file an appeal therefore it is important to plan your appeal as soon as possible after the crash.
Why should I employ a lawyer?
When an accident causes injuries, the victim has to pay high medical costs and property damage, in addition to lost wages as a result of being in a position of no work. Legal action may be needed to obtain the compensation you require. An attorney for brandon auto accident law firm accidents can assist you in determining whether a lawsuit is the right option for your situation.
An attorney’s first step will be to obtain your medical records and other documents that is related to the crash. The evidence will be used to determine the extent and severity of your injuries in a car accident. Witnesses can also be interviewed. In some instances experts such as mechanics and engineers may be called into.
It could take weeks, even months, to complete the court process in the event of your accident. This is due to a range of factors that include negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for trial, and preparations. In this time, the memories may fade, witnesses could move away or even die and evidence could be lost.
A car accident lawyer will help you understand the legal options that are available to you during the free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We’ll answer your questions about whether to decide to settle or sue, as well as the amount of damages you can claim.
