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Auto Accident Litigation

The first step is to gather all documentation pertaining to your accident. This includes medical records and photos of the accident scene and also bills and pay stubs.

Memories fade, witnesses may disappear or die, and evidence may disappear. If you and the defendant do not reach a consensus during this time your case will go to trial.

What is a lawsuit?

A lawsuit is a legal action brought in an administrative court where the plaintiff seeks to make the defendant accountable for any loss. A plaintiff can seek monetary compensation, or other non-monetary “equitable remedies” from the court. The defendant is required to respond to the complaint.

The first step in a civil lawsuit is to file the complaint. The document describes the facts of the case and spells out the legal basis for holding the defendant accountable for plaintiff’s damages. The defendant must answer the complaint within a specific amount of time. They can deny the allegations and challenge the plaintiff’s arguments, or request that the case be dismissed due to the absence of a legal basis.

A defendant can also choose to settle a case rather than having it tried. auto accident attorneys miramar is an agreement reached between the parties to end litigation without determining the liability in exchange for money.

There are also class action lawsuits which combine many injury claims into one claim for compensation. This allows for more efficient and cost-effective litigation because multiple people are seeking compensation. This is especially beneficial when the damages are minor and the cost to litigate on your own would be prohibitive.

How does a lawsuit work?


In lawsuits involving car accidents, the procedure usually starts with a formal complaint which is filed in the courtroom, and then delivered to the defendant. The Defendant then has between 20 and 30 days to respond called an answer. During this time, they can make defenses against your personal injury claim and/or make a counterclaim against you. They may also engage in discovery. This includes interrogatories, depositions or requests to produce (which may include documents, photos video, or physical proof) and requests for admissions.

Depending on the degree of your injuries and the insurance coverage of the party at fault or coverage, you can choose to settle your case outside of court. This is a more cost-effective and quicker alternative than going to court. However, if the insurance company refuses to give you an amount that is reasonable or even a fair amount, your Long Island car accident attorney might decide to take them to trial.

Generally speaking, the damages you are entitled to be compensated for are the documented costs like medical bills and property damage. You can also sue for non-economic damages that you suffer from, like pain and suffering. Unfortunately, insurance companies often lowball victims when they estimate noneconomic damages. A skilled car accident lawyer can use their extensive experience to ensure that you receive adequately compensated for your losses. This is especially crucial if the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.

What can I expect from a lawsuit?

When a car accident victim is seeking compensation for their losses and injuries they should be prepared to defend their claim. They will need to provide the evidence of their treatment such as doctor’s notes and results from tests as well as receipts related to medical expenses. They will need to prove damages, including lost wages damages to property, discomfort and pain. It is important to seek medical attention as soon as possible after a collision for any injuries to ensure that all information is documented and provided to the insurance company as proof of loss.

During the discovery process the attorney will speak with witnesses, experts and more to establish a solid case on your behalf. Depositions are a common method in which the person testifies their testimony under oath, and is asked questions by your attorney. This allows both parties the chance to listen to each witnesses’ accounts, evaluate the strength of the evidence, and decide which way to proceed.

After looking over the evidence, the judge or jury will decide whether the defendant was responsible for the incident. They will also decide the amount of damages you should receive. Based on the circumstances, it could take anything from just a few days to more than one year. If you’re unhappy with the outcome both parties have the option of appealing. It’s costly and time-consuming for both parties to file an appeal therefore it is important to get your case ready immediately following the crash.

Why should I hire an attorney?

If an accident results in injuries the victim will need to pay medical bills that can be costly in addition to the cost of property damage and lost wages due to being unable work. Legal action could be necessary to secure the compensation you require. An auto accident lawyer can assist you in determining whether a lawsuit would be appropriate for your situation.

The first thing an attorney will do is request your medical records as well as other documents relating to the accident. This evidence will be used to determine the extent and severity your injuries in a car accident. Interviews with witnesses can also be conducted. In some instances experts such as mechanics or engineers might be called in.

Based on the circumstances of your car accident depending on the circumstances of your car accident, it could take weeks or months, or a year to go through the entire process of suing in court. This is due to a range of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting court dates, and trial preparations. During this time memories may fade, witnesses can disappear or die, and evidence may be lost.

A car accident lawyer will guide you through the legal options that are available to you in a no-cost consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We’ll answer your questions about whether to either settle or pursue a lawsuit and what damages you are entitled to.