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Auto Accident Litigation

The first step is gathering all the documentation related to your accident. This includes medical records, photos and evidence of the crash scene including bills and pay stubs.

Memory fades, witnesses could leave or pass away, and evidence may vanish. If you and the defendant do not reach a consensus in this stage your case will go to trial.

What is a lawsuit?

A lawsuit is a legal proceeding filed in the court of law in which the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff may ask for compensation in the form of monetary damages, or any other non-monetary “equitable remedies” from the court. The defendant is required to respond to the complaint.

The complaint is the initial step in a civil case. This document outlines all the facts and legal grounds to hold the defendant accountable for the plaintiff’s losses. The defendant must answer the complaint within a predetermined period of time. They may challenge the allegations and the arguments of the plaintiff, or demand that the case be dismissed for lack legal cause.

A defendant may also choose to settle a case instead than have it tried. A settlement is an agreement between the parties that puts an end to litigation but without any determination of liability in exchange for a money-based award.

There are also class actions which combine multiple injury claims into a single claim for compensation. This makes for more cost-effective and efficient litigation because multiple people are pursuing the same claim. This is especially beneficial when the injuries are relatively small and the expense to litigate on your own would be prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits, the procedure usually starts with a formal complaint that is filed with the court and then delivered to the defendant. The defendant is then given between 20 and 30 days to respond which is known as an answer. During this period, they can raise defenses to your personal injury claim, and/or make counterclaims against you. They may also pursue discovery. This could include interrogatories (written questions) depositions, depositions, requests for production (which could comprise photographs, documents, videos or even physical evidence), and requests for admissions.

Based on the extent of your injuries and the insurance coverage of the party at fault You may decide to settle your case outside of court. This is less expensive and quicker than pursuing a trial. If the insurance company is unwilling to pay you a fair amount of money or even a fair amount, your Long Island car accident attorney might choose to take the case to trial.

Generally speaking, the damages you are entitled to be compensated for are the documented costs like medical bills and property damage. In addition, you may seek compensation for noneconomic damages like pain and suffering. Unfortunately, insurance companies typically reduce the amount that victims are owed when they estimate noneconomic damages. A seasoned lawyer in car accidents has the experience to ensure that you get fairly compensated for your losses. This is particularly crucial in the event that the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.

What do I get from a lawsuit?

If the victim of an accident seeks compensation for their losses or injuries They will need to be prepared to defend their claim. They will need to provide the evidence of their treatment such as doctor’s notes and test results along with receipts relating to medical expenses. They’ll need to prove damages, including loss of wages damages to property, pain and discomfort. auto accident attorneys michigan is important to seek medical attention as soon as possible after a crash, in case of injuries so that all the information can be documented and submitted to the insurer to prove the loss.

During the discovery process the attorney will speak with witnesses, experts and more to establish a solid case for you. This may include depositions in which witnesses testify under oath and is confronted by your attorney. This lets both parties examine all accounts, determine the credibility of the evidence and make an informed decision about how to proceed.

After review of the evidence, a judge or jury will decide whether the defendant was responsible for the accident. They will also decide the amount of damages you are entitled to. Depending on the case, it could take from several days to an entire year. If you are unhappy with the outcome both parties have the option of appealing. The process can be lengthy and expensive for both parties, so it is crucial to plan your case quickly after an accident.

Why should I choose to hire an attorney?

When an accident causes injuries, the victim has to pay costly medical bills and property damage, not to mention lost wages because they are not able to work. It is essential to secure the money needed. An attorney for auto accidents can assist you in determining if it is advisable to file a lawsuit in your particular situation.

The first step of an attorney’s job will be to request your medical records and any other documentation related to the accident. They will utilize this evidence to paint a picture of the magnitude and severity of your car accident-related injuries. Witnesses are also interviewed. In some cases, experts such as engineers or mechanics can be called in.

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


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