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Auto Accident Litigation

Collect all the documentation that pertains to the accident. This includes medical records, photographs of the scene of the accident along with bills and pay stubs.

Evidence may disappear witnesses can die or move away and memories fade. If you and the defendant do not come to an agreement during this phase, then your case will be heard.

What is a lawsuit?

A lawsuit is a legal action filed in an administrative court where the plaintiff seeks 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 respond to the complaint and may be forced to pay damages if found to be liable.

The first step in the civil process is filing the complaint. The complaint is a document that outlines the facts of the case and lays out the legal basis for holding the defendant responsible for the plaintiff’s damages. The defendant is given a specific period of time in which they must respond to the complaint. They can deny all allegations and challenge the plaintiff’s arguments, or they can ask for the case to be dismissed due to insufficient legal grounds.


In addition, a defendant may choose to settle the case rather than go to trial. A settlement is an agreement made between parties that brings an end to litigation without any determination of the parties’ liability in exchange for financial award.

There are also class actions which combine multiple injuries into a single claim for compensation. This makes for a more cost-effective and efficient litigation because multiple people are seeking compensation. This is particularly beneficial when the injuries are relatively small and the expense to litigate each case individually would be prohibitive.

What happens when a lawsuit is filed?

In car accident lawsuits, the process typically 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 respond which is known as an answer. During this time, they can defend against your personal injury claim, and/or make a counterclaim against you. They can also engage with discovery. This can include interrogatories (written questions), depositions, requests for production (which could include photographs, documents, videos, and/or physical evidence), and requests for admissions.

You may settle your case outside of court, based on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is a cheaper and quicker option than going to court. If the insurance company refuses to give you a reasonable amount of money then your Long Island car accident attorney may decide to take them to trial.

In general, you can seek damages for the costs you have documented like medical bills and property damage. In addition, you can sue for non-economic damages such as pain and suffering. Insurance companies are known for underestimating the non-economic damages. An experienced car accident lawyer has the experience to ensure that you receive fairly compensated for your losses. This is especially crucial in the event that the at-fault driver has no insurance or insufficient insurance coverage to pay for your damages.

What can I expect from a lawsuit?

When a person who has been injured in a car crash seeks compensation for their losses and injuries they should be prepared to fight for their claim. They’ll likely require evidence of their treatment, including doctors’ notes and tests results, as well in receipts for any medical expenses incurred due to the accident. They’ll also need prove their damages such as loss of income or property damage as well as suffering and pain. This is why it’s crucial to get medical attention for any injuries within a short time after a crash, making sure that all details are documented and is then presented to the insurance company as proof of loss.

During the process of discovery, your attorney will interview witnesses, experts and others to establish a solid case for you. Depositions are a common method in which the person testifies their testimony under oath and is asked questions by your attorney. The parties are able to examine all accounts, determine the credibility of the testimony and make an assessment of the best way to proceed.

After review of the evidence, a judge or jury will decide whether the defendant is responsible for the accident. They will also decide the amount of damages that you should be awarded. Depending on the case, it could take from several days to a year. If you’re unhappy with the result, either party can appeal. The process of appealing can be time-consuming and expensive for both parties, so it is essential to prepare your case quickly after an accident.

Why should I employ an attorney?

If auto accident law firm des moines in injuries, the victim faces high medical costs and property damage, in addition to the loss of wages due to being in a position of no work. Legal action may be needed in order to receive the compensation you require. A lawyer who specializes in auto accidents can help you determine if a lawsuit is appropriate for your situation.

An attorney’s first step will be to obtain your medical records as well as other documentation connected to the crash. They will use this evidence to create a picture of magnitude and severity of your car accident-related injuries. Interviews with witnesses might be conducted. In some instances experts such as mechanics or engineers can be brought in.

It could take weeks, or months, to complete the court process dependent on the circumstances of your accident. This is due to a number of factors, such as negotiations with insurance companies, discovery (analyzing the evidence of both parties), setting dates for trial, as well in the preparations for trial. During this time, memories can disappear, witnesses can disappear or die, and evidence may be lost.

A car accident lawyer will help you understand the legal options available to you during the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer all your questions about whether or how to proceed and what damages you might be able to recover.