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Auto Accident Litigation


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

Memories fade, witnesses may move away or die and evidence can disappear. If you and the Defendant cannot come to an agreement in this stage the case will go to trial.

What is a lawsuit?

A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff may seek monetary compensation, or other non-monetary “equitable remedies” from the court. The defendant will have to respond to the complaint.

The complaint is the primary step in a civil lawsuit. This document outlines the facts of the matter and lays out the legal basis for holding the defendant responsible for the plaintiff’s damages. The defendant must answer the complaint within a certain period of time. They may contest the allegations and the arguments of the plaintiff, or ask to have the case dismissed for lack legal cause.

A defendant can also opt to settle a case instead than having it tried. A settlement is an agreement reached between the parties to end litigation without determining liability for money.

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 multiple individuals are pursuing the same claim. This is particularly advantageous when the damages are minor and the cost to litigate on your own would be prohibitive.

How do lawsuits proceed?

In car accident lawsuits the process usually begins with a formal complaint, which is filed in court and then served on the defendant. The defendant is given between 20 to 30 days to respond, which is called an answer. During this time, they may make defenses to your personal injury claim, and/or make counterclaims against you. They may also engage in discovery. This can include depositions, interrogatories as well as requests to produce (which could include photos, documents or video evidence) and requests for admission.

You can settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the party who was at fault. This is a more cost-effective and faster alternative to going to court. However, if the insurance company is unable to pay you a reasonable amount of money, your Long Island car accident attorney might decide to take the case to trial.

Generally speaking, the damages you can be compensated for are the documented costs like medical bills and property damage. You can also sue for noneconomic damage including pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. A skilled lawyer for car accidents can draw on their vast experience to ensure that you receive adequately compensated for your losses. This is especially crucial in the event that the driver who caused the accident has no insurance or inadequate insurance coverage to cover damages.

What can I expect if I start a lawsuit?

If a victim of a car collision seeks compensation for their injuries and losses they should be prepared to fight their claim. They must submit evidence of their treatment, including the notes of a doctor and test results as well as receipts related to any medical expenses. They will also need to show their damages, such as loss of income as well as property damage, pain and suffering. It is vital to seek medical attention immediately following a crash to treat any injuries so that all the information can be documented and submitted to the insurance company to prove the loss.

During the discovery process your attorney will question witnesses, experts and others to establish a solid case for you. This may include depositions where the person is required to give their testimony under oath and is asked questions by your attorney. This allows both parties the opportunity to hear each other’s testimony, assess the strength of the testimony and then decide which way to proceed.

After looking over the evidence, the judge or jury will decide which party is responsible for the incident. They will also determine the amount of damages you should be awarded. Depending on the case, this could take anywhere from a few days to over one year. If either party is unhappy with the outcome, they can file an appeal. Appeals can be time-consuming and expensive for both parties, so it is crucial to plan your case as soon as possible following the crash.

Why should I engage an attorney?

If an accident results in injuries the victim will be required to pay for medical bills that are costly in addition to the cost of property damage and lost wages because of being unable to work. Taking legal action may be essential to secure the compensation that is required. An attorney for auto accidents can assist you in determining whether a lawsuit is appropriate in your case.

The first step of an attorney’s job will be to request your medical records and any other documentation related to the accident. This evidence will be used to determine the extent and severity of your injuries sustained in a car accident. Interviews with witnesses can be conducted. In certain cases experts like engineers or mechanics can be consulted.

Based on the circumstances of your car accident, it could take weeks, months, or even a year to go through the entire process of litigation in the court. This is due a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both parties) and setting court dates, as well with the preparations for a trial. In this period memories disappear, witnesses can disappear or die and evidence may be lost.

An experienced car accident attorney will guide you through your legal options during a free consultation. auto accident lawsuit quincy to schedule an appointment in Monroe, LA. We can help you answer all your questions about whether or not you should sue and the damages you could be able to claim.