auto accident law firms Accident Litigation

Gather all documentation that pertains to your accident. This includes medical records, photos and evidence of the crash scene, bills and pay stubs.

Evidence can disappear witnesses can be killed or relocated, and memories fade. If you and the defendant cannot reach an agreement at this point the case will go to trial.

What is a lawsuit?

A lawsuit is an action filed in court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff may ask for an amount of money, or other non-monetary "equitable remedies" from the court. The defendant must to respond to the complaint.

The complaint is the initial step in a civil lawsuit. The complaint outlines all facts and legal basis for determining the defendant's liability for the plaintiff's losses. The defendant has a predetermined period of time in which they must respond to the complaint. They can challenge the allegations and the arguments of the plaintiff or demand that the case be dismissed due to lack of legal reason.

A defendant can also choose to settle the case rather than having it tried. Settlement is an agreement reached between the parties to stop litigation without determining the extent of liability in exchange for money.

There are also class actions, which combine multiple injuries into one claim for compensation. This makes for a more efficient and cost-effective litigation because multiple people are pursuing a claim. This is especially beneficial when the injuries are relatively small and the expense to litigate on your own would be prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents, the procedure usually starts with a formal complaint that is filed in court, and then sent to the defendant. The defendant has between 20 and 30 days to file their response or answer. During this time, they may argue against your personal injury claim and/or file counterclaims against you. They may also conduct discovery. This could include interrogatories (written questions) depositions, depositions, requests for production (which could include videos, documents, photos, and/or physical evidence), and requests for admission.

You can settle your case outside of court based on the severity of the injuries you sustained and the insurance coverage of the party at fault. 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, your Long Island auto accident attorney could decide to go to the court.

In general, you can claim damages for the costs you have documented such as medical bills and property damage. You can also sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies tend to lowball victims when they estimate noneconomic damages. A car accident lawyer with vast experience can make sure that you are compensated fairly for your losses. This is especially crucial when the driver at fault is not insured or has inadequate insurance coverage to pay for your damages.

What can I expect when I make a claim in an action?

When a car accident victim is seeking compensation for their injuries and losses they should be prepared to fight for their claim. They'll likely require documentation of their treatment. This could include doctor's notes as well as test results, as well as receipts for any medical expenses incurred in connection with the accident. They'll have to prove damages, including lost wages or property damage, as well as pain and discomfort. It is important to seek medical attention immediately following a crash to treat any injuries to ensure that all information can be documented and submitted to the insurance company to prove the loss.

During the discovery phase Your attorney will talk to witnesses, experts, and others to build an argument that is solid for you. This could include depositions in which the person is required to testify under oath as they are confronted by your attorney. The parties are able to listen to all the accounts, evaluate the credibility of the evidence and make an informed decision about how to proceed.

After reviewing the evidence, a judge or jury will determine if the defendant is accountable for the accident and the amount of compensation you'll be awarded. Based on the circumstances, this can take anywhere from several days to a year. If you are not satisfied with the result the parties can appeal. It's costly and time-consuming for both parties to file an appeal so it's crucial to begin preparing your case as soon as possible after a crash.

Why should I hire a lawyer?

If an accident causes injuries the victim is required to pay medical bills that can be costly and also loss of wages and property damage due to the inability to work. Legal action is often required to get the compensation you need. An auto accident law firm accident attorney will help you determine if it is advisable to file a lawsuit in your situation.

The first thing an attorney will do is request your medical records and other documentation relating to the accident. They will use this evidence to draw a picture of degree and severity of your car accident injuries. Witnesses are also interviewed. In some instances experts like mechanics or engineers could be brought in.

It could take weeks, or months, to complete the court procedure in the event of your accident. This is due a number of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence of both sides) and establishing dates for trial, as well in the preparations for trial. In this period memories fade, witnesses could leave or pass away or die, and evidence could be lost.

An experienced lawyer 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 can answer all your questions about whether or not you should sue and what damages you might be able to recover.