Auto Accident Litigation
The first step is gathering all documentation pertaining to your accident. This includes medical records, photos and evidence of the scene of the crash, bills and pay stubs.
Memory fades, witnesses could disappear or die, and evidence may vanish. If you and the Defendant cannot reach an agreement during this phase your case will go to trial.
What is a lawsuit?
A lawsuit is an action brought in court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff may request the court for compensation in cash or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be required to pay damages if found to be responsible.
The complaint is the initial step in a civil lawsuit. The document contains all the facts and legal grounds to hold the defendant accountable for the plaintiff's losses. The defendant must answer the complaint within a specified amount of time. They may deny all allegations and challenge the plaintiff's arguments, or they can demand that the case be dismissed for the absence of a legal basis.
A defendant can also opt to settle the case rather than having it tried. A settlement is an agreement reached between the parties to end litigation without determining liability in exchange for money.
There are also class action lawsuits, that combine multiple injuries into one claim for compensation. This makes for a more cost-effective and efficient litigation because multiple people are seeking compensation. This is particularly beneficial when the damages are small and the cost to litigate each case individually would be prohibitive.
What happens when a lawsuit is filed?
In car accident lawsuits the process generally starts with a complaint which is filed in court and then served on the defendant. The defendant has between 20 and 30 days to respond called an answer. In this time they may defend against your personal injury claim, and/or make a counterclaim against you. They may also engage in discovery. This includes interrogatories (written questions), depositions, requests for production (which could include documents, photos, videos or physical evidence) and requests for admissions.
Based on the severity of your injuries and the insurance coverage of the at-fault party depending on the severity of your injuries, you could choose to settle your case out of court. This is more economical and less time-consuming than going to trial. If the insurance company refuses to pay you the amount you deserve then your Long Island auto accident attorney could decide to go to court.
In auto accident attorney longmont , you may be able to recover damages for your documented expenses like medical bills and property damage. You can also sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when estimating non-economic damages. A lawyer who has years of experience can guarantee that you get fair compensation for your losses. This is especially important in cases where the at-fault party is not insured or has inadequate insurance coverage to cover your damages.
What can I expect should I start an action?
If a victim of a car crash seeks compensation for their injuries or losses They will need to be prepared to fight their claim. They will need to provide evidence of their treatment, including the notes of a doctor and test results as well as receipts related to medical expenses. They'll have to prove damages, such as loss of wages or property damage, as well as discomfort and pain. It is important to seek medical attention as soon as possible after a collision for any injuries and ensure that all details can be documented and submitted to the insurer to prove the loss.
During the discovery stage the attorney will speak with witnesses, experts, and others to build an evidence-based case for you. This could include depositions in which the witness is required to testify under oath as they are challenged by your attorney. This allows both parties to review all evidence, evaluate the credibility of the testimony, and then make the decision on the best way to proceed.
After reviewing the evidence, a judge or jury will determine whether the defendant is accountable for the accident, and the amount of compensation you'll be awarded. The case will vary, but this could take anywhere from one or two days to an entire year. If you are unhappy with the result, either party can appeal. The process of appealing can be time-consuming and expensive for both parties, therefore it is important to prepare your case immediately following a crash.
Why should I engage an attorney?
If an accident results in injuries the victim will be required to pay high medical bills, as well as damages to property and lost wages due to being unable work. Legal action may be needed to obtain the compensation you require. An auto accident lawyer can help you determine if a lawsuit is appropriate for your particular situation.
The first thing an attorney will do is ask for your medical records and other documentation that pertains to the incident. This evidence will be used to determine the extent and severity of your injuries from a car accident. Interviews with witnesses may be conducted. In some instances experts like mechanics or engineers can be brought in.
It could take weeks, or months, to complete the court process in the event of your accident. This is due to a range of factors, including negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. During this period, memories may fade, witnesses might move away or even die, and evidence can be lost.
A seasoned attorney for car accidents will guide you through your legal options during a no-cost consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions regarding whether you should settle or sue and what damages you can recover.