Auto Accident Litigation
Take all documentation related to the accident. This includes medical records and photos of the accident scene along with pay stubs and bills.
Memories fade, witnesses can disappear or die, and evidence may disappear. If you and the defendant do not reach an agreement in this phase, then your case will be tried.
What is a lawsuit?
A lawsuit is a legal action brought in a court of law wherein the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff can request the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the suit and may be required to pay damages if held liable.
The complaint is the first stage of a civil action. The complaint outlines all facts and legal basis for holding the defendant responsible for the plaintiff's losses. The defendant has a predetermined amount of time to reply 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 basis.
Additionally the defendant has the option to settle the case rather than going to trial. A settlement is an agreement made between parties that brings an end to litigation without a determination of the parties' liability in exchange for monetary award.
There are also class actions which combine multiple injury claims into one claim for compensation. This makes for a more cost-effective and efficient litigation, since multiple individuals are in the process of pursuing a claim. This is especially beneficial when the damages are minor and the cost to litigate individually would be prohibitive.
How does a lawsuit proceed?
In car accident lawsuits the process generally begins with a complaint which is filed in the court and then served on the defendant. auto accident lawsuit warren has between 20 and 30 days to respond which is known as an answer. During this time they may defend against your personal injury claim, and/or create a counterclaim against you. They may also be involved in discovery. This could include interrogatories (written questions) and depositions. They also can make requests for production (which could comprise photographs, documents, videos or physical evidence) and requests for admissions.
You can settle your case outside of court, based on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is more economical and quicker than pursuing a trial. However, if the insurance company is unable to give you a fair amount of money or even a fair amount, your Long Island car accident attorney might choose to take the case to trial.
In general, you can seek damages for your documented costs such as medical bills and property damages. Additionally, you are able to claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when they estimate non-economic damages. A lawyer who has extensive experience can ensure that you are compensated fairly for your damages. This is especially important in the event that the driver who caused the accident has no insurance or inadequate insurance coverage to cover damages.
What do I get from a lawsuit?
When a victim of a car accident seeks compensation for their injuries or losses, they will need to be prepared to contest their claim. They'll likely require documentation of their treatment, which could include doctor's notes and test results, aswell with receipts for any medical expenses incurred in connection with the accident. They'll also have to show their damages, such as loss of income as well as property damage, suffering and pain. This is why it's crucial to seek medical attention for any injuries immediately following a crash, to ensure that all information is recorded and then presented to the insurance company to prove of loss.
During the discovery phase the attorney will speak with witnesses, experts and other witnesses to construct an argument that is solid for you. This could include depositions in which the person testifies under oath as they are challenged by your attorney. This allows both parties the opportunity to listen and discuss each other's stories, evaluate the strength of the evidence and decide how to proceed.
After examining the evidence the judge or jury will determine whether the defendant is responsible for the accident and the amount of damages you must receive. The process can take anywhere from just a few days to one year, depending on the specific case. If you are not satisfied with the outcome the parties can appeal. It's costly and time-consuming for both parties to appeal so it's crucial to get your case ready in the earliest possible time after the crash.
Why should I employ an attorney?
If an accident results in injuries, the victim will have to pay high medical bills along with loss of wages and property damage because of being unable to work. A lawsuit may be necessary to get the compensation needed. An attorney for auto accidents can assist in determining whether the filing of a lawsuit is necessary in your case.
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 create a picture of degree and severity of your car accident-related injuries. Interviews with witnesses could be conducted. In certain cases experts such as engineers or mechanics could be brought in.
It could take weeks, even months to complete the court procedure according to 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), setting court dates, and trial preparations. During this period, memories may fade, witnesses may move away or even die and evidence could be lost.
A lawyer who handles car accidents will guide you through the legal options available to you during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions about whether to either settle or pursue a lawsuit, as well as what damages you are entitled to.