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Auto Accident Litigation

The first step is to gather all documentation pertaining to your accident. This includes medical records, images of the scene, as well as pay stubs and bills.

Evidence can vanish witnesses can pass away or disappear, and memories fade. If auto accident attorneys reading and the defendant cannot come to an agreement during this time, your case will go to trial.

What is a lawsuit?

A lawsuit is an action brought in court where the plaintiff attempts 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 complaint is the initial step of a civil case. This document outlines the facts of the matter and lays out the legal foundations for holding the defendant responsible for the plaintiff’s damages. The defendant must respond to the complaint within a specified amount of time. They can contest the allegations and the arguments of the plaintiff or ask to have the case dismissed due to lack of legal basis.

A defendant may also decide to settle a case instead than have it tried. Settlement is an agreement that is voluntary between parties that puts an end to litigation without any determination of responsibility in exchange for money-based award.

There are also class action lawsuits, which combine many injury claims into one claim to recover compensation. This allows for more efficient and cost-effective litigation since many people are seeking compensation for the same issue. This is particularly advantageous when the damages are small and the cost to litigate on your own would be prohibitive.


What is the procedure for a lawsuit?

In lawsuits involving car accidents the process typically starts with a complaint which is filed with the court and served to the defendant. The defendant has between 20 to 30 days to respond, which is called an answer. During this time, they may argue against your personal injury claim and/or file counterclaims against you. They may also use discovery. This can include interrogatories (written questions), depositions, requests for production (which could comprise videos, documents, photos 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 responsible. This is less expensive and faster than going to trial. If the insurance company refuses to pay you a fair amount or even a fair amount, your Long Island auto accident attorney may decide that they will take them to court.

In general, you can seek damages for the costs you have documented like medical bills or property damage. In addition, you can sue for non-economic damages such as pain and suffering. Unfortunately, insurance companies frequently undervalue victims when estimating the non-economic damage. A skilled lawyer for car accidents has the experience to ensure that you receive adequately compensated for your losses. This is especially crucial if the at-fault driver is not insured or has inadequate insurance coverage to cover your losses.

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

If the victim of an accident seeks compensation for their losses or injuries they’ll need to be prepared to fight their claim. They must provide documentation of their treatment including the notes of a doctor and test results and receipts relating to medical expenses. They will also need to prove their damages such as lost income, property damage, and suffering and pain. This is why it’s crucial to seek medical attention for any injury within a short time after a crash, to ensure that all information is recorded and can be presented to the insurance company to prove of loss.

During the process of discovery your attorney will question witnesses, experts and more to build a strong case for you. This may include depositions in which the person testifies under oath and is confronted by your attorney. This gives both parties the opportunity to hear each other’s testimony, assess the strength of the evidence, and decide which way to proceed.

After review of the evidence, a judge or jury will decide whether the defendant was responsible for the accident. They will also determine the amount of damages you should be awarded. The process can take anywhere from a few days and over an entire year based on the specific case. If you’re not satisfied with the outcome both parties have the option of appealing. It’s costly and time-consuming for both parties to appeal therefore it is important to get your case ready as soon as you can after an accident.

Why should I engage an attorney?

When an accident causes injuries, the victim is faced with costly medical bills and property damage, not to mention lost wages because they are incapable of working. Legal action is often required to get the compensation you need. A lawyer who specializes in auto accidents can assist you in determining whether a lawsuit is appropriate for your situation.

The first thing an attorney will do is ask for your medical records and other documents in connection with the accident. This evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Interviews with witnesses could also take place. In some instances experts such as mechanics and engineers can be brought in.

It could take weeks, or months, to complete the court process according to the circumstances of your accident. This is due to a range of factors that include negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. In this time, the memories may fade, witnesses may move away or even die and evidence can be lost.

An experienced lawyer for car accidents will guide you through your legal options during a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions regarding whether you should sue or settle and what damages you can recover.