Auto Accident Litigation
Take all documentation related to your accident. This includes medical records and images of the scene and also bills and pay stubs.
Evidence can disappear witnesses can disappear or die and memories can fade. If you and the Defendant cannot come to an agreement during this phase your case will be taken to trial.
What is a lawsuit?
A lawsuit is a legal proceeding filed in the court of law in which the plaintiff seeks to make the defendant accountable for a loss. A plaintiff may ask for financial compensation, or other non-monetary “equitable remedies” from the court. The defendant has to respond to the complaint.
The complaint is the first step of a civil case. This document outlines the facts of the case and spells out the legal basis for holding the defendant accountable for plaintiff’s damages. The defendant must respond to the complaint within a specific period of time. They may challenge the allegations and the arguments of the plaintiff, or demand that the case be dismissed due to lack of legal basis.
A defendant may also choose to settle a case rather than have it tried. A settlement is an agreement reached between the parties in order to end litigation without determining liability for money.
There are also class action lawsuits which combine many injury claims into one claim to recover compensation. This makes for a more efficient and cost-effective litigation, since multiple individuals are pursuing a claim. This is particularly advantageous when the injuries are relatively small and the cost of litigation for each individual would be prohibitive.
What happens when a lawsuit is filed?
In car accident lawsuits the process typically starts with a formal complaint that is filed in the courtroom, and then served to the defendant. The defendant has between 20 and 30 days to respond which is known as an answer. During this time, they may argue against your personal injury claim, or make counterclaims against you. They may also be involved in discovery. This can include interrogatories (written questions), depositions, requests for production (which could comprise photographs, documents, videos or physical evidence), and requests for admission.
Based on the severity of your injuries as well as the insurance coverage of the person who caused your injuries, you may choose to settle your case outside of court. This is a less costly and faster alternative to going to court. If the insurance company refuses to pay you an amount that is fair then your Long Island auto accident lawyer accident attorney may decide that they will bring them to the court.
Generally speaking, the damages you can recover include your documented costs such as medical bills and property damage. In addition, you can claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies typically lowball victims when it comes to estimating noneconomic damages. A lawyer for car accidents with extensive experience can guarantee you get fair compensation for your losses. This is especially crucial in cases where the at-fault party has no insurance or insufficient insurance coverage to cover your damages.
What do I get from a lawsuit?
If a victim of a car crash seeks to recover for their injuries or losses they’ll need to be prepared to defend their claim. They must submit the evidence of their treatment such as medical notes and test results along with receipts relating to medical expenses. They will need to prove damages, such as loss of wages as well as property damage, pain and discomfort. It is vital to seek medical attention immediately after a crash for any injuries to ensure that all information can be documented and presented to the insurance company to prove the loss.
During the discovery process, your attorney will interview witnesses, experts and more to build a strong case on your behalf. Depositions are a common method in which the person gives their testimony under oath, and is asked questions by your attorney. The parties have the opportunity to listen to other’s stories, evaluate the strength of the evidence and then decide how to proceed.
After reviewing the evidence, a judge or jury will decide if the defendant is responsible for the incident and the amount of damages you will be awarded. It could take just a few days to an entire year based on the particular case. If you are not satisfied with the result you can appeal to either party. Appeal hearings can be long and expensive for both parties, therefore it is crucial to plan your case as soon as possible following an accident.
Why should I choose to hire a lawyer?
If an accident causes injuries the victim will be required to pay medical bills that can be costly, as well as property damage and lost wages due to being unable work. Legal action could be necessary in order to receive the compensation you require. An auto accident law firm accident attorney will help you determine if the filing of a lawsuit is necessary in your situation.
The first thing an attorney will do is request your medical records as well as other documents in connection with the accident. They will use this evidence in order to sketch a picture of the degree and severity of your car accident injuries. Witnesses are also interviewed. In certain instances experts such as mechanics or engineers can be consulted.
Depending on the facts of your car accident depending on the circumstances, it could take weeks up to months or an entire year to complete the entire process of suing in court. This is due to a number of factors, including negotiations with insurance companies, discovery (analyzing the evidence from both sides) and establishing dates for trial, as well in the preparations for trial. During this time memories may fade, witnesses may disappear or die, and evidence may be lost.
A seasoned attorney for car accidents will walk you through your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We’ll answer your questions about whether to settle or sue, as well as the amount of damages you can claim.
