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Auto Accident Litigation

Gather all documentation in connection with the accident. This includes medical records and photos of the scene along with pay stubs and bills.

Memories fade, witnesses may disappear or die, and evidence can disappear. If you and the defendant are unable to reach an agreement in the next phase, then your case will be tried.

What is a lawsuit?

A lawsuit is a proceeding in court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff can request the court for financial compensation or other non-monetary “equitable relief.” The defendant must respond to the suit and could be ordered to pay damages if they are held liable.

The complaint is the initial step in a civil lawsuit. The complaint is a document that outlines the facts of the case and lays out the legal grounds for holding the defendant accountable for plaintiff’s damages. The defendant is given a specific period of time to respond to the complaint. They can deny any allegations and refute the plaintiff’s arguments, or request that the case be dismissed due to insufficient legal grounds.

Additionally an accused can decide to settle the case instead of go to trial. A settlement is an agreement reached by the parties to end litigation without determining liability for money.

There are also class actions which combine multiple injuries into a single claim for compensation. This makes for a more cost-effective and efficient litigation since many people are in the process of pursuing a claim. This is especially beneficial when the injuries are relatively minor and the cost to pursue the case on its own is prohibitive.

What is the procedure for a lawsuit?


In car accident lawsuits the procedure usually starts with a formal complaint that is filed in the courtroom, and then served on the defendant. The defendant then has between 20 and 30 days to file their response, known as an answer. In this time they may raise defenses against your personal injury claim, and/or bring a counterclaim against your. They may also pursue discovery. This can include depositions, interrogatories and requests for evidence (which could include photos, documents, video, and/or physical evidence), and requests for admissions.

Based on the extent of your injuries and the insurance coverage of the at-fault party or coverage, you can choose to settle your case out of court. This is a less costly and quicker option than going to court. If the insurance company refuses to pay you an amount you are able to afford, your Long Island auto accident attorney may decide that they will bring them to the court.

The damages you are entitled to receive are your documented expenses like medical bills and property damage. You may also sue for non-economic damages, such as pain and suffering. Unfortunately, insurance companies often undervalue victims when it comes to estimating non-economic damages. A seasoned lawyer in car accidents has the experience to ensure that you are fairly compensated for your injuries. This is especially important in the event that the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.

What can I expect if I file an action?

When a car accident victim seeks compensation for their injuries and losses They must be prepared to pursue their claim. They’ll likely require evidence of their treatment, including doctor’s notes and tests results, as well with receipts for any medical expenses incurred due to the accident. They will need to prove damages, including loss of wages or property damage, as well as pain and discomfort. This is why it’s vital to get medical attention for any injury immediately following a crash so that all the information is documented and can be presented to the insurance company as proof of loss.

During the discovery process the attorney will speak with witnesses, experts and others to establish a solid case for you. auto accident attorneys kansas city could include depositions in which witnesses testify under oath, while being interrogated by your attorney. This allows both parties the opportunity to hear each witnesses’ accounts, evaluate the strength of the evidence and then decide which way to proceed.

After reviewing the evidence, a judge or jury will decide if the defendant is responsible for the accident, and the amount of compensation you’ll receive. Based on the particular case, this could take anywhere from just a few days to more than a year. If one of the parties is unhappy with the outcome, they are able to file an appeal. It’s expensive and time-consuming for both parties to file an appeal, so it’s important to prepare your case as soon as possible after an accident.

Why should I employ an attorney?

When an accident causes injuries, the victim is faced with expensive medical bills and property damage, plus lost wages from being not able to work. Legal action could be necessary to secure the compensation you require. An auto accident attorney will help you determine if filing a lawsuit makes sense for your situation.

The first step for an attorney will be to request your medical records and any other documents in connection with the accident. The evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Witnesses are also interviewed. In certain instances experts like engineers or mechanics can be consulted.

It could take weeks, or months, to complete the court process dependent on the circumstances of your accident. This is due to a variety of factors, including negotiations with insurance companies and discovery (analyzing the evidence from both sides) and setting dates for trial, aswell as trial preparations. In this period memories can disappear, witnesses can move away or die, and evidence may be lost.

A car accident lawyer will walk you through the legal options that are available to you during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer all your questions about whether or not to sue and what damages you might be able to claim.