Auto Accident Litigation

The first step is to collect all documentation pertaining to your accident. This includes medical records, photographs and evidence of the accident scene, bills and pay stubs.

Evidence can disappear, witnesses may disappear or die and memories may 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 proceeding in court where the plaintiff tries to hold the defendant accountable for the loss. A plaintiff could seek an amount of money, or other non-monetary “equitable remedies” from the court. The defendant has to respond to the complaint.

The first step in a civil lawsuit is to file the complaint. The complaint outlines the facts of the case, and sets out the legal foundations for holding the defendant responsible for the plaintiff’s damages. The defendant must respond to the complaint within a specified amount of time. They can deny the allegations and counter the plaintiff’s arguments, or demand that the case be dismissed for insufficient legal grounds.

Additionally the defendant has the option to settle the case rather than going to trial. Settlement is an agreement reached between the parties to end litigation without determining liability for money.

There are also class action lawsuits which combine numerous injury claims into one to recover compensation. This allows for more cost-effective and efficient lawsuit, as multiple parties are trying to file a claim. This is particularly beneficial when the injuries are relatively small and the expense to litigate each case individually would be prohibitive.

How does a lawsuit proceed?

In lawsuits involving car accidents the process typically starts with a complaint which is filed in court and served to the defendant. The defendant is then given between 20 and 30 days to file their response or answer. In this time, they can make defenses against your personal injury claim, and/or file a counterclaim against you. They can also make use of discovery. This includes interrogatories (written questions) and depositions. They also can make requests for production (which could include videos, documents, photos, and/or physical evidence), and requests for admissions.

You can settle your case outside of court depending on the severity of the injuries you sustained and the insurance coverage of the person who caused the accident. This is a cost-effective and faster option than going to court. However, if the insurance company is unwilling to provide you with an amount that is reasonable, your Long Island car accident attorney might decide to take the case to trial.

Generally, the damages you are entitled to receive are your documented expenses like medical bills and property damage. You can also sue for damages that are not economic that you suffer from, like pain and suffering. Unfortunately, insurance companies often reduce the amount that victims are owed when estimating the non-economic damage. A skilled car accident lawyer can use their extensive experience to ensure you are fairly compensated for your damages. This is particularly important in the event that the at-fault driver does not have insurance or lacks insurance coverage to pay for your damages.

What can I expect when I make a claim in a lawsuit?

If a victim of a car collision is seeking compensation for their injuries and losses they should be prepared to fight for their claim. They must provide evidence of their treatment, including the notes of a doctor and test results as well as receipts related to any medical expenses. They’ll also need prove their damages, including loss of income as well as property damage, the pain and suffering. It is important to seek medical attention right away after a collision for any injuries, so that all information can be documented and submitted to the insurer to prove the loss.

During the discovery process the attorney will speak with witnesses, experts and others 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. This gives both parties the opportunity to listen and discuss each other’s accounts, evaluate the strength of the evidence and then decide what to do next.

After reviewing the evidence, a judge or jury will determine if the defendant is accountable for the accident and the amount of damages you will receive. Based on the particular case, this can take anywhere from just a few days to more than a year. If either party is unhappy with the outcome, they are able to file an appeal. The process of appealing can be time-consuming and costly for both parties, which is why it is important to prepare your case immediately following a crash.

Why should I choose to hire an attorney?

If an accident results in injuries, the victim has to pay expensive medical bills and property damage, plus the loss of wages due to being in a position of no work. Taking legal action may be necessary to get the money needed. An auto 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 ask for your medical records and other evidence relating to the accident. The evidence will be used to determine the extent and severity of the injuries you sustained in a vehicle accident. auto accident lawyer corona can also be interviewed. In some cases experts like mechanics or engineers could be brought to testify.

Based on the circumstances of your car accident, it could take weeks, months, or even a year to go through the entire process of litigation in court. This is due to a range of factors, including negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. In this period memories can disappear, witnesses can leave or pass away or pass away, and evidence can be lost.

An experienced lawyer for car accidents will explain your legal options during a complimentary consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can help you answer all your questions regarding whether or not to sue and the damages you could be able to claim.