Write About Everything

Auto Accident Litigation

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

Memories fade, witnesses might disappear or die, and evidence can disappear. If you and the defendant fail to reach a consensus in the next phase, then your case will be tried.

What is a lawsuit?


A lawsuit is an action in court in which the plaintiff seeks to hold the defendant accountable for the loss. A plaintiff may request the court for monetary compensation or other non-monetary “equitable relief.” The defendant must answer to the complaint and could be ordered to pay damages if they are found to be responsible.

The first step in the civil process is filing the complaint. The complaint outlines the facts of the case and spells out the legal foundations for holding the defendant accountable for plaintiff’s damages. The defendant must respond to the complaint within a specified amount of time. They may contest the allegations and the arguments of the plaintiff, or demand that the case be dismissed for lack legal cause.

A defendant may also choose to settle a case rather than have it tried. A settlement is a deal reached by the parties to end litigation without determining the liability in exchange for money.

There are also class action lawsuits, which combine many injuries into one claim for compensation. This allows for a more efficient and cost-effective lawsuit, as multiple parties are in the process of pursuing a claim. This is especially beneficial when the damages are small and the cost of individual litigation would be prohibitive.

How do lawsuits work?

In lawsuits involving car accidents, the process typically starts with a formal complaint which is filed in the courtroom, and then sent to the defendant. The defendant has between 20 and 30 days to file their response which is known as an answer. During this period, they can argue defenses against your personal injury claim and/or make a counterclaim against you. They may also engage in discovery. This can include depositions, interrogatories or requests to produce (which could include photos, documents videos, documents, and/or physical proof) and requests for admissions.

You can settle your case outside of court based on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is more economical and less time-consuming than going to trial. If the insurance company is not willing to offer you a fair amount of money and you are not satisfied, your Long Island car accident attorney might decide to take the case to trial.

In general, you can claim damages for your documented costs like medical bills or property damage. You may also sue for noneconomic damage including pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when they estimate non-economic damages. A lawyer for car accidents with vast experience can make sure that you are compensated fairly for your damages. This is especially important in the event that the driver who caused the accident does not have insurance or lacks insurance coverage that covers damages.

What do I get from a lawsuit?

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

During the discovery process your attorney will question witnesses, experts and more to create a convincing 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 gives both parties the chance to listen to each other’s stories, evaluate the strength of the testimony and decide how to proceed.

After review of the evidence, a judge or jury will determine which party is responsible for the accident. They will also determine the amount of damages you should receive. The case will vary, but this can take anywhere from just a few days to more than an entire year. If one of the parties is unhappy with the outcome, they are able to appeal the decision. Appeal hearings can be long and costly for both parties, which is why it is essential to prepare your case quickly after an accident.

Why should I engage a lawyer?

If an accident results in injuries, the victim is faced with costly medical bills and property damage, as well as lost wages as a result of being unable to work. Legal action could be necessary to secure the compensation you require. A lawyer for auto accidents 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 and other evidence that pertains to the incident. They will make use of this evidence to draw a picture of extent and severity of your car accident-related injuries. Interviews with witnesses could be conducted. In auto accident lawsuit bend as mechanics or engineers might be called to testify.

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 of both sides), setting dates for court, as well being prepared for trial. In this time, the memories may fade, witnesses could move away or even die, and evidence can be lost.

A lawyer who handles car accidents will guide 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 the damages you could be able to recover.