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Auto Accident Litigation

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

Evidence can disappear witnesses can be killed or relocated, and memories fade. If you and the Defendant are unable to reach an agreement in this stage the case will go to trial.

What is a lawsuit?

A lawsuit is an action filed in court where the plaintiff attempts to hold the defendant responsible for the loss. A plaintiff may ask the court for compensation in cash or other non-monetary “equitable relief.” The defendant must respond to the complaint and may be ordered to pay damages if they are found to be responsible.

The complaint is the first step in a civil case. This document provides all the facts and legal reasons to hold the defendant accountable for the plaintiff’s losses. The defendant must respond to the complaint within a specific amount of time. They may argue against the allegations and the arguments of the plaintiff, or request that the case be dismissed due to lack of legal basis.

A defendant can also opt to settle a case instead than attempting to resolve it. Settlement is an agreement made between parties that brings an end to litigation without a determination of responsibility in exchange for monetary award.

There are also class action lawsuits which combine many injuries into one claim to recover compensation. This allows for more efficient and cost-effective litigation since many people are trying to file a claim. This is especially beneficial when the injuries are relatively small and the costs of individual litigation would be prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents, the procedure usually begins with a formal complaint, which is filed in court and then served on the defendant. The Defendant then has between 20 and 30 days to file their response or answer. During this time, they can make defenses against your personal injury claim, and/or bring a counterclaim against your. They may also be involved in discovery. This includes depositions, interrogatories or requests to produce (which could include documents, photos videos, documents, and/or physical evidence) and requests for admissions.

Based on the severity of your injuries and the insurance coverage of the at-fault party or coverage, you can choose to settle your case outside of court. This is a more cost-effective and quicker option than going to court. If the insurance company refuses to pay the amount you deserve or even a fair amount, your Long Island auto accident attorney could decide to go to court.

In general, you can recover damages for your documented expenses like medical bills and property damage. You can also sue for noneconomic damages like pain and suffering. Unfortunately, auto accident lawyer port st lucie tend to undervalue victims when estimating the non-economic damage. A skilled car accident lawyer can draw on their vast experience to ensure that you are fairly compensated for your damages. This is particularly important when the person at fault does not have insurance or has inadequate insurance coverage to pay for damages.

What do I get from a lawsuit?

If the victim of a car crash seeks to recover for their losses or injuries they must be prepared to contest their claim. They’ll likely require evidence of their treatment, including medical notes and test results, as well as receipts for any medical expenses incurred in connection with the accident. They will also need to prove their damages such as lost income, property damage and suffering and pain. This is why it’s important to get medical attention for any injuries immediately after a crash to ensure that all information is recorded and can be presented 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. This may include depositions in which the person testifies under oath as they are questioned by your attorney. This allows both parties to examine all accounts, determine the credibility of the testimony, and then make the decision on what to do next.

After reviewing the evidence and evidence, a judge or jury will decide if the defendant is responsible for the accident, and the amount of compensation you’ll be awarded. The case will vary, but it could take from just a few days to more than one year. If either party is dissatisfied with the outcome, they can appeal the decision. Appeal hearings can be long and expensive for both parties, therefore it is crucial to plan your case as soon as possible following the crash.

Why should I hire an attorney?


If an accident causes injuries, the victim will have to pay for medical bills that are costly, as well as damages to property and lost wages because of the inability to work. A lawsuit may be necessary to obtain the compensation that is required. A lawyer who specializes in auto accidents can help you determine whether a lawsuit would be appropriate in your case.

The first step for an attorney would be to obtain your medical records and other documents that is related to the accident. They will make use of this evidence to create a picture of degree and severity of your car accident injuries. Interviews with witnesses can be conducted. In certain instances, experts such as mechanics or engineers can be consulted.

It could take weeks, or months, to complete the court procedure dependent on the circumstances of your accident. This is due to a variety of factors, including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. In this time, the memories may disappear, witnesses could go away or even die and evidence may be lost.

An experienced attorney for car accidents will walk you through your legal options in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We’ll answer your questions about whether to settle or sue, as well as what damages you are entitled to.