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Auto Accident Litigation

Collect all the documentation regarding the accident. auto accident attorneys harlingen includes medical records and photos of the scene, as well as pay stubs and bills.

Memory fades, witnesses could go away or die, and evidence can disappear. If you and the Defendant are unable to reach an agreement during this phase the case will go to trial.

What is a lawsuit?

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

The complaint is the primary step in a civil case. This document outlines the facts of the matter and lays out the legal basis for holding the defendant accountable for the plaintiff’s damages. The defendant must respond to the complaint within a specific amount of time. They can contest the allegations and the arguments of the plaintiff, or request that the case be dismissed for lack legal cause.

In addition, a defendant may choose to settle the case rather than going to trial. Settlement is an agreement reached between the parties to end litigation without determining liability in exchange for money.

There are also class actions, which combine multiple injury claims into one claim for compensation. This results in a more efficient and cost-effective lawsuit, as multiple parties are seeking compensation. This is particularly advantageous when the injuries are relatively small and the cost to litigate on your own would be prohibitive.

How do lawsuits function?

In car accident lawsuits, the procedure usually starts with a formal complaint which is filed in the courtroom, and then sent to the defendant. The defendant has between 20 and 30 days to reply, also known as an answer. In this time they may raise defenses against your personal injury claim, and/or make a counterclaim against you. They can also engage with discovery. This includes interrogatories (written questions), depositions, requests for production (which could comprise documents, photos, videos, and/or physical evidence) and requests for admissions.

Based on the severity of your injuries and the insurance coverage of the party at fault, you may choose to settle your case outside of court. This is a more cost-effective and quicker alternative than going to court. If the insurance company refuses to pay you a fair amount then your Long Island auto accident attorney may decide that they will go to court.

In general, you may be able to recover damages for the documented costs such as medical bills and property damages. You may also sue for noneconomic damages like pain and suffering. Insurance companies are known for underestimating the cost of non-economic damages. An experienced car accident lawyer can use their extensive experience to ensure that you receive adequately compensated for your losses. This is especially important when the driver at fault does not have insurance or lacks insurance coverage to cover your damages.

What do I get from a lawsuit?

When a victim of a car crash seeks compensation for their injuries or losses they must be prepared to fight their claim. They will need to provide evidence of their treatment, including the notes of a doctor and test results along with receipts relating to any medical expenses. They’ll also need prove their damages, including loss of income or property damage as well as suffering and pain. This is why it’s vital to seek medical attention for any injury immediately following a crash, making sure that all details are documented and can be provided to the insurance company to prove of loss.

During the discovery phase, your attorney will interview witnesses, experts, and others to build 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 to examine all accounts, determine the strength of the testimony, and then make an informed decision about how to proceed.


After examining the evidence and evidence, a judge or jury will determine whether the defendant is accountable for the accident and the amount of damages you will be awarded. The case will vary, but it could take anything from just a few days to more than an entire year. If you’re not satisfied with the result you can appeal to either party. It can be costly and time-consuming for both parties to file an appeal, so it’s important to begin preparing your case as soon as you can after the crash.

Why should I engage an attorney?

When an accident causes injuries, the victim is faced with high medical costs and property damage, plus lost wages because they are not able to work. Taking legal action may be necessary to obtain the compensation needed. An attorney who handles auto accidents can assist in determining whether filing a lawsuit makes sense in your particular situation.

The first thing an attorney will do is request your medical records and other evidence in connection with the accident. They will utilize this evidence to create a picture of severity and extent of your injuries sustained in a car accident. Interviews with witnesses could also take place. In certain instances experts like mechanics or engineers could be brought to testify.

Depending on the facts of the car accident It could take weeks, months, or even a year to go through the entire process of litigation in court. This is due to a number of factors, including negotiations with insurance companies and discovery (analyzing the evidence from both parties), setting court dates, as well with the preparations for a trial. During this time, memories may disappear, witnesses could go away, or even die, and evidence could be lost.

A lawyer who handles car accidents will assist you with the legal options that are available to you during the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We’ll answer your questions about whether to settle or sue and the amount of damages you can claim.