bluefield auto accident law Firm Accident Litigation
Take all documentation related to your accident. This includes medical records and images of the scene, as well as bills and pay stubs.
Evidence can vanish, witnesses may die or move away, and memories fade. If you and the defendant fail to come to an agreement during this phase, then your case will be heard.
What is a lawsuit?
A lawsuit is an action filed in the court where the plaintiff tries to hold the defendant accountable for the loss. A plaintiff may request the court for financial compensation or other non-monetary “equitable relief.” The defendant must respond to the lawsuit and may be required to pay damages if held liable.
The first step in a civil lawsuit is to file the complaint. The document describes the facts of the case and spells out the legal grounds for holding the defendant responsible for the plaintiff’s damages. The defendant must answer the complaint within a specific amount of time. They can deny any allegations and refute the plaintiff’s arguments, or they can ask for the case to be dismissed because of a the absence of a legal basis.
A defendant can also choose to settle a case rather than attempting to resolve it. Settlement is a voluntary agreement between the parties that brings an end to litigation without a determination of liability in exchange for a cash settlement.
There are also class actions, which combine multiple injuries into one claim for compensation. This allows for a more efficient and cost-effective litigation since many people are in the process of pursuing a claim. This is particularly advantageous when the damages are small and the expense to litigate individually would be prohibitive.
What happens when a lawsuit is filed?
In lawsuits involving car accidents the process usually starts with a complaint which is filed in the court and then served on the defendant. The defendant then has between 20 and 30 days to respond, known as an answer. During this period, they may make defenses to your personal injury claim, and/or make counterclaims against you. They can also engage in discovery. This includes interrogatories, depositions and requests for evidence (which may include documents, photos, video, and/or physical proof) and requests for admission.
Depending on the extent of your injuries and the insurance coverage of the party at fault, you may choose to settle your case outside of court. This is a more cost-effective and faster alternative to going to court. If the insurance company refuses to pay an amount that is fair then your Long Island auto accident attorney could decide to have to take them to the court.
In general, you can recover damages for the documented costs like medical bills or property damage. You can also sue for noneconomic damage like pain and suffering. Unfortunately, insurance companies typically lower the amount of compensation for victims when it comes to estimating noneconomic damages. A lawyer for car accidents with extensive experience can ensure that you get fair compensation for your losses. This is particularly important when the person at fault does not have insurance or has inadequate insurance coverage to cover damages.
What do I get from a lawsuit?
When a car accident victim is seeking compensation for their injuries and losses, they must be prepared to defend their claim. They must provide documentation of their treatment including medical notes and test results as well as receipts related to any medical expenses. They will need to prove damages, including lost wages damages to property, discomfort and pain. This is why it’s crucial to get medical attention for any injuries immediately after a crash so that all the information is documented and can be provided to the insurance company as proof of loss.
During the discovery process, your attorney will interview witnesses, experts and more to build a strong case for you. It could also include depositions where the person testifies under oath, while being challenged by your attorney. The parties are able to hear all accounts, assess the strength of the testimony and make a decision on the best way to proceed.
After examining the evidence the judge or jury will determine if the defendant is responsible for the accident and determine the amount of damages you will be awarded. It could take a few days or one year based on the case. If you’re unhappy with the result the parties can appeal. Appeals can be time-consuming and expensive for both parties, therefore it is important to prepare your case right away following the crash.
Why should I choose to hire an attorney?
When an accident causes injuries, the victim is faced with expensive medical bills and property damage, as well as the loss of wages due to being incapable of working. A lawsuit may be necessary to obtain the money needed. A lawyer for winfield auto accident lawsuit accidents can assist you in determining if a lawsuit is appropriate for your situation.
The first thing an attorney will do is ask for your medical records as well as other documents that pertains to the incident. They will utilize this evidence to sketch a picture of the severity and extent of your injuries sustained in a car accident. Interviews with witnesses could also take place. In some instances experts such as mechanics and engineers might be called in.
Based on the circumstances of the car accident, it could take weeks and months or the whole year to complete the entire process of litigation in the court. This is due to a variety of factors, such as negotiations with insurance companies and discovery (analyzing the evidence from both sides), setting dates for court, as well as trial preparations. In this time, the memories may fade, witnesses could move away or even pass away, and evidence may be lost.
An experienced car accident attorney will explain your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer your questions regarding whether you should settle or sue and what damages you could recover.
