Auto Accident Litigation

Document everything that is regarding your accident. This includes medical records, photographs and evidence of the scene of the crash such as bills and pay stubs.

Memories fade, witnesses can disappear or die, and evidence may vanish. If you and the Defendant do not reach a consensus during this phase the case will go to trial.

What is a lawsuit?

A lawsuit is an action in court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff may ask the court for financial compensation or other non-monetary “equitable relief.” The defendant must answer to the complaint and may be required to pay damages if held liable.

The first step in the civil process is filing the complaint. The document contains all the facts and legal reasons for holding the defendant responsible for the plaintiff’s losses. The defendant must respond to the complaint within a certain period of time. They can deny all allegations and refute the plaintiff’s arguments, or ask for the case to be dismissed because of a lack of legal reason.

Additionally the defendant has the option to settle the case rather than going to trial. A settlement is an agreement reached between the parties to stop litigation without determining liability in exchange for money.

There are also class actions which combine multiple injury claims into a single claim for compensation. This makes for more efficient and cost-effective litigation since many people are fighting the same case. auto accident law firm escondido is especially advantageous in cases where injuries are not that significant and the costs of individual litigation would be prohibitive.

How does a lawsuit proceed?

In car accident lawsuits, the process usually begins with a formal complaint which is filed with the court and then sent to the defendant. The Defendant then has between 20 and 30 days to respond or answer. During this time, they may present defenses to your personal injury claim, and/or make counterclaims against you. They may also engage in discovery. This could include interrogatories, depositions and requests for evidence (which may include documents, photos, video, and/or physical proof), and requests for admissions.

You may settle your case outside of court based on the severity of the injuries you sustained and the insurance coverage of the person who caused the accident. This is cheaper and faster than going to trial. If the insurance company is unable to give you an adequate amount of money then your Long Island car accident attorney might decide to take them to trial.

In general, you can recover damages for your documented costs such as medical bills and property damages. In addition, you may sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. An experienced car accident lawyer can use their extensive experience to ensure you are adequately compensated 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 can I expect should I file a lawsuit?

If a victim of a car collision is seeking compensation for their injuries and losses They must be prepared to fight for their claim. They’ll likely require proof of their treatment, such as medical notes and tests results, as well as receipts for any medical expenses incurred in connection with the accident. They’ll also have to show their damages, such as lost income or property damage as well as suffering and pain. This is the reason it’s essential to seek medical attention for any injury immediately following a crash, making sure that all details are documented and then presented to the insurance company to prove of loss.

During the discovery phase Your attorney will talk to witnesses, experts, and others to build an argument that is solid for you. Depositions are a common method in which the person gives their testimony under oath, and is questioned by your attorney. This lets both parties review all evidence, evaluate the credibility of the testimony and make a decision on the best way to proceed.

After review of the evidence, a judge or jury will decide which party is responsible for the incident. They will also decide the amount of damages you are entitled to. It could take a few days or one year based on the circumstances. If you’re not satisfied with the outcome the parties can appeal. Appeal hearings can be long and expensive for both parties, which is why it is important to begin preparing your case immediately following a crash.

Why should I engage an attorney?

If an accident results in injuries the victim will need to pay expensive medical bills along with loss of wages and property damage due to the inability to work. A lawsuit may be essential to secure the compensation that is required. An attorney in auto accidents will help you determine if the filing of a lawsuit is appropriate in your situation.

An attorney’s first step will be to ask for your medical files and other documentation related to the crash. This evidence will be used to determine the severity and extent of your injuries from a car accident. Interviews with witnesses could also take place. In some instances experts such as mechanics and engineers can be brought to testify.

It could take weeks, even months to complete the court process dependent on the circumstances of your accident. This is due to a variety of factors, including negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. During this time, memories may disappear, witnesses could go away, or even die, and evidence could be lost.

An experienced attorney for car accidents will explain your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can help you answer all your questions about whether or not you should sue and the damages you could be able to claim.