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Auto Accident Litigation

Collect all the documentation in connection with the accident. This includes medical records, photographs of the scene of the accident, as well as pay stubs and bills.

Memories fade, witnesses may disappear or die, and evidence can disappear. If you and the Defendant do not reach a consensus in this stage your case will be taken to trial.

What is a lawsuit?

A lawsuit is a legal proceeding filed in a court of law wherein the plaintiff seeks to hold the defendant responsible for any loss. A plaintiff may request the court for financial compensation or other non-monetary “equitable relief.” The defendant must respond to the complaint and may be forced to pay damages if they are found liable.

The complaint is the primary stage of a civil action. The document describes the facts of the case and spells out the legal foundations for holding the defendant accountable for the plaintiff’s damages. The defendant has a predetermined amount of time to respond to the complaint. They may challenge the allegations and the arguments of the plaintiff or request that the case be dismissed for lack legal cause.

Additionally, a defendant may choose to settle the case instead of go to trial. A settlement is a deal reached between the parties to stop litigation without determining liability in exchange for money.

There are also class action lawsuits that combine multiple injuries into one claim to recover compensation. This results in a more cost-effective and efficient litigation because multiple people are seeking compensation. This is especially advantageous when the damages are small and the cost to pursue the case on its own is prohibitive.

How does a lawsuit proceed?

In car accident lawsuits the process usually starts with a complaint that is filed in court and served to the defendant. The defendant has 20-30 days to respond, also called an answer. During this period, they can raise defenses to your personal injury claim, and/or make counterclaims against you. They can also make use of discovery. This includes interrogatories (written questions), depositions, requests for production (which could comprise photographs, documents, videos, and/or physical evidence) and requests for admission.

Depending on the extent of your injuries and the insurance coverage of the person who caused your injuries depending on the severity of your injuries, you could choose to settle your case out of court. auto accident law firm san jose is more economical and quicker than going to trial. If the insurance company refuses to pay an amount you are able to afford then your Long Island auto accident attorney may decide to bring them to the court.

Generally, the damages you are entitled to get are those that you have documented such as medical bills and property damage. You may also sue for noneconomic damages that you suffer from, like pain and suffering. Unfortunately, insurance companies often reduce the amount that victims are owed when estimating the non-economic damage. A seasoned lawyer in car accidents can use their extensive experience to ensure that you get fairly compensated for your injuries. This is particularly important if the driver at fault does not have insurance or lacks insurance coverage to pay for damages.

What do I get from a lawsuit?

When a car accident victim is seeking compensation for their losses and injuries They must be prepared to fight for their claim. They will have to provide documentation of their treatment including medical notes and test results along with receipts relating to medical expenses. They’ll also need to show their damages, such as loss of income, property damage, and the pain and suffering. It is crucial to seek medical attention right away after a crash, in case of injuries, so that all information can be documented and submitted to the insurer to prove the loss.

During the discovery phase, your attorney will interview witnesses, experts, and others to build a strong case for you. This may include depositions in which the person is required to testify under oath and is confronted by your attorney. This gives both parties the chance to listen to each other’s accounts, evaluate the strength of the testimony and then decide the best way to proceed.

After examining the evidence the judge or jury will determine if the defendant is accountable for the incident and the amount of compensation you’ll be awarded. It can take anywhere from just a few days to a year depending on the specific case. If you’re unhappy with the result, either party can appeal. Appeal hearings can be long and costly for both parties, so it is essential to prepare your case as soon as possible following a crash.


Why should I employ an attorney?

When an accident causes injuries, the victim is faced with high medical costs and property damage, in addition to lost wages as a result of being not able to work. A lawsuit may be necessary to obtain the compensation that is required. A lawyer who specializes in auto accidents can help you determine 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 in connection with the accident. The evidence will be used to determine the extent and severity of your injuries from a car accident. Witnesses are also interviewed. In some instances, experts like mechanics or engineers might be called in.

Depending on the facts of your car accident, it could take weeks up to months or one year to complete the entire process of suing in the court. This is due to a range of factors, including negotiations with insurance companies, discovery (analyzing the evidence of both sides), setting dates for trial, as well with the preparations for a trial. In this time, memories can fade, witnesses may move away or even die, and evidence could be lost.

An experienced lawyer for car accidents will walk you through your legal options during a no-cost consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer all your questions about whether or not you should sue and the damages you could be able to claim.