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Auto Accident Litigation

Take all documentation related to your accident. This includes medical records and images of the scene along with pay stubs and bills.

Memories fade, witnesses might go away or die, and evidence can disappear. If you and the defendant cannot 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 tries 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 answer to the complaint and may be forced to pay damages if they are held liable.

The complaint is the primary stage of a civil action. The complaint outlines all facts and legal reasons to hold the defendant accountable for the plaintiff’s losses. The defendant has a set period of time in which they must respond to the complaint. They can challenge the allegations and the arguments of the plaintiff, or request that the case be dismissed for lack of legal grounds.

Additionally, a defendant may choose to settle the case instead of going to trial. A settlement is an agreement made between parties that puts an end to litigation but without a determination of responsibility in exchange for financial award.

There are also class action lawsuits, which combine numerous injury claims into one for compensation. This allows for more cost-effective and efficient litigation, since multiple individuals are trying to file a claim. This is particularly beneficial when injuries are comparatively small and the cost of individual litigation would be prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents the process typically begins with a complaint, which is filed in the court and then served on the defendant. The defendant has 20-30 days to respond, which is known as an answer. During this time, they could make defenses to your personal injury claim, and/or file counterclaims against you. They may also use discovery. This includes interrogatories (written questions) and depositions. They also can make requests for production (which could comprise videos, documents, photos or physical evidence) and requests for admission.

Depending on the extent of your injuries and the insurance coverage of the at-fault party You may decide to settle your case out of court. This is more economical and faster than pursuing a trial. If the insurance company is not willing to pay you an adequate amount of money or even a fair amount, your Long Island car accident attorney could decide to bring them to trial.

Generally speaking, auto accident attorneys missouri city can receive are your documented expenses such as medical bills and property damage. In addition, you may sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies often lowball victims when they estimate noneconomic damages. A lawyer experienced in car accidents with years of experience can guarantee that you get fair compensation for your damages. This is especially crucial in the event that the at-fault driver does not have insurance or lacks insurance coverage to pay for your damages.

What can I expect from a lawsuit?

If a victim of a car accident seeks compensation for their injuries and losses they should be prepared to fight for their claim. They will need to provide the evidence of their treatment such as medical notes and test results and receipts relating to medical expenses. They’ll need to prove damages, including lost wages damages to property, pain and discomfort. It is important to seek medical attention as soon as possible after a collision for any injuries to ensure that all information can be documented and submitted to the insurance company to prove the loss.

During the discovery process the attorney will speak with witnesses, experts and others to create a convincing case on your behalf. It could also include depositions where the witness is required to testify under oath while being questioned by your attorney. This allows both parties the opportunity to listen to witnesses’ accounts, evaluate the credibility of the testimony and then decide what to do next.

After examining the evidence the judge or jury will determine whether the defendant is accountable for the incident and the amount of damages you should be awarded. Depending on the case, this could take anywhere from a few days to over a year. If one of the parties is unhappy with the outcome, they are able to appeal. It’s expensive and time-consuming for both parties to appeal so it’s crucial to begin preparing your case immediately following the crash.

Why should I choose to hire an attorney?

If an accident results in injuries, the victim is faced with costly medical bills and property damage, as well as lost wages from being incapable of working. Legal action is often required in order to receive the compensation you need. An auto accident lawyer can help you determine whether a lawsuit is appropriate in your case.

The first step for an attorney will be to ask for your medical records and other documents in connection with the crash. This evidence will be used to determine the extent and severity of your injuries sustained in a car accident. Witnesses may also be interviewed. In certain instances experts like mechanics or engineers can be brought to testify.


Based on the circumstances of your car accident, it could take weeks or months, or a year to go through the entire process of litigation in the court. This is due to a variety of factors, including negotiations with insurance companies and discovery (analyzing the evidence from both sides) and setting dates for trial, aswell in the preparations for trial. During this time, memories can disappear, witnesses could go away or even die and evidence can 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 be able to answer any questions you have regarding whether you should settle or sue, as well as what damages you can recover.