Auto Accident Litigation

Take all documentation regarding your accident. This includes medical records, photos and evidence of the scene of the crash such as bills and pay stubs.

Evidence can vanish, witnesses may die or move away and memories may fade. If you and the defendant cannot come to an agreement during the next phase, then your case will be tried.

What is a lawsuit?

A lawsuit is an action brought in court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff can seek financial compensation, 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 grounds for holding the defendant responsible for the plaintiff's damages. The defendant is given a specific period of time to respond to the complaint. They may deny the allegations and counter the arguments of the plaintiff or demand that the case be dismissed due to lack of legal basis.

Additionally, a defendant can choose to settle the case rather than go to trial. A settlement is a deal reached between the parties to stop litigation without determining liability for money.

There are also class actions, which combine multiple injury claims into a single claim for compensation. This makes for a more cost-effective and efficient litigation because multiple people are in the process of pursuing a claim. This is especially beneficial in cases where injuries are not that significant and the cost of individual litigation could be prohibitive.

How do lawsuits function?

In car accident lawsuits, the process usually begins with a formal lawsuit that is filed in the courtroom, and then served to the defendant. The defendant has 20 and 30 days to respond, commonly called an answer. During this period, they can present defenses to 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 include videos, documents, photos or physical evidence), and requests for admission.

You may settle your case outside of court, based on the severity of the injuries you sustained and the insurance coverage of the party who was at fault. This is more cost effective and faster than pursuing a trial. If the insurance company refuses to pay a fair amount then your Long Island auto accident lawsuit accident attorney may decide that they will go to the court.

Generally speaking, the damages you are entitled to receive are your documented expenses like medical bills and property damage. You may also sue for non-economic damages including pain and suffering. Unfortunately, insurance companies frequently reduce the amount that victims are owed when it comes to estimating the non-economic damage. A skilled lawyer for car accidents can use their extensive experience to ensure that you receive fairly compensated for your damages. This is especially important if the at-fault driver does not have insurance or lacks insurance coverage to cover your damages.

What can I expect from a lawsuit?

When a person who has been injured in a car crash is seeking compensation for their losses and injuries They must be prepared to fight their claim. They'll likely require documentation of their treatment, which could include doctor's notes as well as tests results, as well as receipts for any medical expenses related to the accident. They'll also have to prove their damages such as lost income as well as property damage, pain and suffering. This is the reason it's essential to seek medical attention for any injuries within a short time after a crash, so that all the information is documented and then provided to the insurance company to prove of loss.

During the discovery process Your attorney will interview witnesses, experts and more to build a strong case for you. Depositions are a common method in which the person testifies their testimony under oath and is questioned by your attorney. This lets both parties hear all accounts, assess the strength of the testimony, and then make an assessment of what to do next.

After examining the evidence the judge or jury will decide if the defendant is accountable for the accident, and the amount of compensation you'll receive. It could take a few days or one year, depending on the specific case. If one party is dissatisfied with the outcome, they are able to file an appeal. The process can be lengthy and expensive for both parties, which is why it is essential to prepare your case as soon as possible after an accident.

Why should I engage an attorney?

When an accident causes injuries, the victim is faced with costly medical bills and property damage, plus lost wages from being incapable of working. It is necessary to obtain the money needed. An auto accident attorney will help you determine if filing a lawsuit makes sense for your situation.

The first thing an attorney will do is ask for your medical records and other evidence that pertains to the incident. They will make use of this evidence to paint a picture of the extent and severity of your injuries from a car accident. Witnesses can also be interviewed. In certain instances experts like engineers or mechanics could be consulted.

It could take weeks, or months, to complete the court procedure according to the circumstances of your accident. This is due to a variety of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting dates for court, and trial preparations. During this time memories fade, witnesses can move away or die or pass away, and evidence can be lost.

A car accident lawyer will assist you with the legal options that are available to you during an initial consultation for free. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can answer all your questions about whether or not to sue and the damages you could be able to claim.