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Auto Accident Litigation

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

Memory fades, witnesses could go away or die, and evidence could disappear. If you and the defendant are unable to agree on a solution in the next phase, then your case will be tried.

What is a lawsuit?

A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant accountable for the loss. A plaintiff could seek an amount of money, or other non-monetary “equitable remedies” from the court. The defendant will have to respond to the complaint.

The first step in the civil court process is to file the complaint. This document outlines the facts of the case and lays out the legal grounds for holding the defendant accountable 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 the allegations and counter the plaintiff’s arguments, or they can demand that the case be dismissed for lack of legal cause.


A defendant can also choose to settle a matter rather than have it tried. Settlement is an agreement made between parties that puts the litigation to an end without a determination of responsibility in exchange for cash settlement.

There are also class actions, which combine multiple injuries into a single claim for compensation. auto accident attorneys farmington hills makes for a more cost-effective and efficient litigation since many people are seeking compensation. This is especially beneficial 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 generally starts with a complaint which is filed in the court and then served on the defendant. The defendant then has between 20 and 30 days to respond called an answer. During this time, they could raise defenses to your personal injury claim, and/or make counterclaims against you. They may also be involved in discovery. This can include interrogatories (written questions) as well as depositions, requests for production (which could comprise documents, photos, videos or physical evidence), and requests for admission.

You may settle your case outside of court, based on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is less expensive and faster than going to trial. If the insurance company is not willing to give you an amount that is reasonable, your Long Island car accident attorney might choose to take the case to trial.

Generally, the damages you can recover include your documented costs such as medical bills and property damage. You may also sue for non-economic damages, such as pain and suffering. Insurance companies are known for underestimating noneconomic damages. A seasoned lawyer in car accidents will use their vast experience to ensure that you get fairly compensated for your injuries. This is especially important when the driver at fault does not have insurance or has insufficient insurance coverage to cover your losses.

What can I expect when I file an action?

If a victim of a car accident seeks compensation for their losses and injuries, they must be prepared to defend their claim. They’ll likely require evidence of their treatment. This could include doctor’s notes and test results, as well in receipts for any medical expenses that are related to the accident. They will also need to prove their damages such as lost income, property damage, and suffering and pain. It is essential to seek medical attention promptly after a crash, in case of injuries, so that all information can be documented and presented to the insurer as proof of loss.

During the discovery process Your attorney will interview witnesses, experts and more to create a convincing case on your behalf. This may include depositions in which the person testifies under oath and is challenged by your attorney. This allows both parties the opportunity to hear each witnesses’ accounts, evaluate the credibility of the testimony and decide the best way to proceed.

After reviewing the evidence and evidence, a judge or jury will determine whether the defendant is responsible for the accident and determine the amount of damages you will be awarded. Depending on the case, it could take anything from just a few days to more than a year. If one of the parties is unhappy with the outcome, they can appeal the decision. It can be costly and time-consuming for both parties to appeal so it’s crucial to plan your appeal as soon as possible after an accident.

Why should I choose to hire an attorney?

If an accident results in injuries the victim will need to pay expensive medical bills, as well as property damage and lost wages due to the inability to work. Legal action might be required to get the compensation you require. An auto accident attorney can help determine if the filing of a lawsuit is necessary for your situation.

The first thing an attorney will do is ask for your medical records and other evidence related to the accident. They will use this evidence in order to paint a picture of the severity and extent of your injuries from a car accident. Witnesses may also be interviewed. In certain instances experts such as mechanics and engineers might be called in.

Based on the circumstances of the car accident It could take weeks and months or one year to complete the entire process of litigation in the court. This is due to a variety of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides), setting the dates for court and trial preparations. In this time, the memories can fade, witnesses could move away, or even die, and evidence may be lost.

A lawyer who handles car accidents will walk you through 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 be able to answer any questions you have regarding whether you should sue or settle and also what damages you could recover.