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Auto Accident Litigation

Document everything that is that pertains to your accident. This includes medical records, photographs and evidence of the scene as well as pay stubs, bills and other documents.

Evidence may disappear witnesses can die or move away, and memories fade. 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 a legal proceeding brought in a court of law, where the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff may seek an amount of money, or other non-monetary “equitable remedies” from the court. The defendant must to respond to the complaint.

The first step in the civil process is filing the complaint. This document outlines the facts of the case, and sets out the legal basis to hold the defendant responsible for the plaintiff’s damages. The defendant must answer the complaint within a predetermined time frame. They may deny the allegations and counter the arguments of the plaintiff, or ask to have the case dismissed due to lack of legal basis.

A defendant may also choose to settle the case rather than have it tried. A settlement is an agreement reached between the parties to end litigation without determining the extent of liability in exchange for money.

There are also class actions, which combine multiple injury claims into a single claim for compensation. This allows for more efficient and cost-effective litigation as multiple parties are trying to pursue the same claim. This is particularly advantageous when the injuries are relatively small and the cost of individual litigation could be prohibitive.

How does a lawsuit work?

In lawsuits involving car accidents, the process typically starts with a lawsuit, that is filed in court and served to the defendant. The defendant is given between 20-30 days to reply, also known as an answer. During this period, they can raise defenses to your personal injury claim, and/or file counterclaims against you. They can also engage in discovery. This could include interrogatories, depositions as well as requests to produce (which could include photos, documents, video, and/or physical evidence), and requests for admission.

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 less expensive and faster than pursuing a trial. However, if the insurance company is not willing to give you an adequate amount of money or even a fair amount, your Long Island car accident attorney may decide to take them to trial.

Generally, the damages you are entitled to recover include your documented costs such as medical bills and property damage. In addition, you may sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies frequently lowball victims when it comes to estimating damages that are not economic. A lawyer experienced in car accidents with vast experience can make sure that you are compensated fairly for your losses. This is particularly 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 from a lawsuit?

If the victim of a car crash seeks to recover for their injuries or losses they’ll need to be prepared to defend their claim. They must provide evidence of their treatment, including the notes of a doctor and test results as well as receipts related to any medical expenses. They’ll need to show damages, including loss of wages as well as property damage, pain and discomfort. It is important to seek medical attention as soon as possible after a collision for any injuries so that all the information can be documented and then presented to the insurance company as proof of loss.

During the process of discovery, your attorney will interview witnesses, experts and others to build a strong case on your behalf. It could also include depositions where the witness is required to testify under oath and is confronted by your attorney. This allows both parties to hear all accounts, assess the strength of the testimony and take the decision on what to do next.

After examining the evidence, a judge or jury will determine if the defendant is responsible for the incident and the amount of damages you must receive. It could take a few days and over a year depending on the circumstances. If one of the parties is unhappy with the decision, they can file an appeal. The process can be lengthy and expensive for both parties, therefore it is important to begin preparing your case quickly after a crash.

Why should I employ an attorney?

If an accident causes injuries, the victim will have to pay expensive medical bills, as well as loss of wages and property damage due to the inability to work. A lawsuit may be essential to secure the amount of compensation required. An attorney for auto accidents can help determine if filing a lawsuit makes sense in your situation.

auto accident attorney fishers will do is request your medical records as well as other documents that pertains to the incident. This evidence will be used to determine the extent and severity your injuries in a car accident. Witnesses can also be interviewed. In certain instances experts like mechanics or engineers could be brought in.

It could take weeks, or months, to complete the court procedure according to the circumstances of your accident. This is due to a range of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. During this period, memories can disappear, witnesses could go away or even pass away, and evidence could be lost.

An experienced lawyer for car accidents will walk you through your legal options during a complimentary consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer all your questions about whether or not you should sue and what damages you might be able to claim.