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Auto Accident Litigation

Gather all documentation in connection with your accident. This includes medical records, photos and evidence of the scene such as bills and pay stubs.

Evidence can vanish witnesses can pass away or disappear and memories fade. 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 an action filed in the court where the plaintiff tries to hold the defendant responsible for a loss. A plaintiff can seek financial compensation, or other non-monetary “equitable remedies” from the court. The defendant has to respond to the complaint.

The complaint is the primary stage of a civil action. This document outlines the facts of the matter and lays out the legal basis for holding the defendant accountable for the plaintiff’s damages. The defendant must answer the complaint within a specified amount of time. They may deny all allegations and refute the plaintiff’s arguments, or demand that the case be dismissed because of a insufficient legal grounds.

A defendant may also choose to settle a matter rather than have it tried. A settlement is a deal reached between the parties to stop litigation without determining liability for money.

There are also class action lawsuits, which combine many injury claims into one claim for compensation. This results in a more efficient and cost-effective litigation because multiple people are seeking compensation. This is especially advantageous when injuries are comparatively small and the cost of individual litigation could be prohibitive.

How do lawsuits work?

In car accident lawsuits, the process typically begins with a complaint which is filed in the court and then served on the defendant. The defendant has between 20 and 30 days to respond, commonly called an answer. During this period, they may raise defenses to your personal injury claim and/or make counterclaims against you. auto accident law firm new york may also engage in discovery. This can include interrogatories (written questions) depositions, depositions, requests for production (which could include photographs, documents, videos or even physical evidence) and requests for admission.

You may settle your case without going to court, based on the severity of the injuries you sustained as well as the insurance coverage of the person who caused the accident. This is more cost effective and quicker than going to trial. However, if the insurance company is not willing to pay you a reasonable amount of money, your Long Island car accident attorney may decide to take the case to trial.

In general, you may be able to recover damages for your documented expenses such as medical bills and property damages. You may also sue for noneconomic damages, such as pain and suffering. Unfortunately, insurance companies typically reduce the amount that victims are owed when estimating damages that are not economic. 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 if the driver at fault does not have insurance or lacks insurance coverage that covers damages.

What can I expect should I decide to file an action?

If a victim of a car accident seeks compensation for their losses or injuries they’ll need to be prepared to fight their claim. They’ll likely require documentation of their treatment, including medical notes and test results, aswell with receipts for any medical expenses that are related to the accident. They’ll have to prove damages, such as lost wages or property damage, as well as pain and discomfort. It is crucial to seek medical attention as soon as possible after a crash for any injuries and ensure that all details can be documented and submitted to the insurance company to prove the loss.


During the process of discovery your attorney will question witnesses, experts and others to build a strong case on your behalf. This may include depositions, where the witness gives their testimony under oath, and is asked questions by your attorney. This lets both parties review all evidence, evaluate the strength of the testimony and make a decision on the best way to proceed.

After reviewing the evidence, a judge or jury will determine if the defendant is accountable for the accident and determine the amount of damages you should be awarded. Based on the particular case, it could take from a few days to over a year. If you’re unhappy with the outcome both parties have the option of appealing. It can be expensive and time-consuming for both parties to file an appeal therefore it is important to begin preparing your case immediately following the crash.

Why should I employ an attorney?

When an accident causes injuries, the victim has to pay costly medical bills and property damage, as well as lost wages as a result of being unable to work. Legal action might be required in order to receive the compensation you need. An auto accident attorney can assist in determining whether the filing of a lawsuit is necessary in your case.

An attorney’s first step will be to request your medical records and other documentation related to the accident. They will utilize this evidence to draw a picture of degree and severity of your car accident injuries. Interviews with witnesses could be conducted. In certain instances experts such as engineers or mechanics may be consulted.

Based on the circumstances of your car accident It could take weeks, months, or even an entire year to complete the entire process of suing in the court. This is due a number of factors, including negotiations with insurance companies as well as discovery (analyzing the evidence of both sides) and setting dates for court, as well with the preparations for a trial. During this period, memories may disappear, witnesses could go away or even die and evidence can be lost.

A seasoned attorney for car accidents will walk you through your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions about whether or how to proceed and what damages you may be able to claim.