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Auto Accident Litigation

The first step is gathering all documentation pertaining to your accident. This includes medical records, photographs and evidence of the scene of the crash as well as pay stubs, bills and other documents.

Memory fades, witnesses could disappear or die, and evidence can disappear. If you and the defendant cannot agree on a solution in this stage, then your case will be heard.

What is a lawsuit?

A lawsuit is a legal proceeding brought in a court of law, where the plaintiff seeks to hold the defendant liable for a loss. A plaintiff can seek monetary compensation, or other non-monetary “equitable remedies” from the court. The defendant is required to respond to the complaint.

The complaint is the first step in a civil case. The document describes the facts of the matter and lays out the legal foundations for holding the defendant accountable for the plaintiff’s damages. The defendant must respond to the complaint within a specified period of time. They can argue against the allegations and the arguments of the plaintiff, or ask to have the case dismissed due to lack of legal reason.

A defendant can also choose to settle a case rather than have it tried. A settlement is an agreement that is voluntary between parties that puts an end to litigation but without any determination of liability in exchange for a cash settlement.

There are also class actions, which combine multiple injury claims into a single claim for compensation. This allows for more cost-effective and efficient litigation since many people are trying to file a claim. This is especially advantageous in cases where injuries are not that significant and the cost of litigation for each individual would be prohibitive.

How does a lawsuit proceed?

In car accident lawsuits, the process usually starts with a formal complaint, which is filed in court, and then served to the defendant. The defendant has between 20 and 30 days to file their response which is known as an answer. In this time they may make defenses against your personal injury claim, and/or file a counterclaim against you. They may also use discovery. auto accident lawyer fall river includes interrogatories (written questions) as well as depositions, requests for production (which could include documents, photos, videos or even 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 who was at fault. This is more economical and faster than going to trial. However, if the insurance company is unable to provide you with a fair amount of money or even a fair amount, your Long Island car accident attorney might decide to take the case to trial.

In general, you can recover damages for your documented costs like medical bills or property damage. In addition, you may sue for non-economic damages such as pain and suffering. Unfortunately, insurance companies frequently lowball victims when they estimate non-economic damages. A seasoned lawyer in car accidents can use their extensive experience to ensure that you are fairly compensated for your losses. This is especially important in the event that the at-fault driver does not have insurance or lacks insurance coverage to cover your damages.

What can I expect should I start a lawsuit?

If a victim of a car crash seeks compensation for their injuries or losses they’ll need to be prepared to fight their claim. They must provide documentation of their treatment including the notes of a doctor and test results along with receipts relating to medical expenses. They’ll need to prove damages, such as loss of wages as well as property damage, pain and discomfort. This is the reason it’s essential to seek medical attention for any injury immediately after a crash so that all the information is documented and provided to the insurance company to prove of loss.

During the discovery phase, your attorney will interview experts, witnesses, and others to build a strong case for you. This could include depositions, in which the person testifies their testimony under oath and is questioned by your attorney. This allows both parties to hear all accounts, assess the credibility of the evidence and make an assessment of what to do next.

After examining the evidence, a judge or jury will decide if the defendant is responsible for the incident and the amount of damages you must be awarded. The process can take anywhere from a few days and over a year depending on the circumstances. If either party is dissatisfied with the outcome, they may appeal. The process can be lengthy and costly for both parties, therefore it is essential to prepare your case immediately following an accident.

Why should I employ an attorney?


If an accident results in injuries, the victim will have to pay for medical bills that are costly, as well as the cost of property damage and lost wages because of the inability to work. Legal action could be essential to secure the money needed. A lawyer for auto accidents can assist you in determining whether a lawsuit is the right option in your case.

The first step for an attorney will be to request your medical records as well as other documentation related to the crash. They will use this evidence to create a picture of severity and extent of your injuries from a car accident. Witnesses could also be interviewed. In some instances, experts such as engineers or mechanics may be consulted.

Depending on the facts of your car accident depending on the circumstances, it could take weeks, months, or even one year to complete the entire process of litigation in the court. This is due to a range of factors, including negotiations with insurance companies as well as discovery (analyzing the evidence of both sides), setting court dates, as well in the preparations for trial. In this period memories can disappear, witnesses can go missing or die or pass away, and evidence can be lost.

A car accident lawyer will walk you through the legal options you have during a no-cost consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer all your questions regarding whether or not you should pursue a lawsuit and what damages you may be able to recover.