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Auto Accident Litigation


Collect all the documentation that pertains to the accident. This includes medical records, photographs and evidence of the scene including bills and pay stubs.

Evidence can vanish, witnesses may die or move away and memories may fade. If you and the defendant cannot reach a consensus in the next phase, then your case will be heard.

What is a lawsuit?

A lawsuit is a legal action filed in a court of law, where the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff can ask the court for monetary compensation or other non-monetary “equitable relief.” The defendant must respond to the complaint and could be ordered to pay damages if they are found to be responsible.

The first step in the civil court process is to file the complaint. The document contains all the facts and legal grounds to hold the defendant accountable for the plaintiff’s losses. The defendant has a predetermined period of time in which they must respond to the complaint. They may argue against the allegations and the arguments of the plaintiff, or request that the case is dismissed for lack of legal grounds.

Additionally, a defendant can choose to settle the case rather than go to trial. Settlement is an agreement made between parties that puts an end to litigation, but without any determination of liability in exchange for a monetary award.

There are also class action lawsuits, that combine multiple injuries into one claim for compensation. This makes for a more cost-effective and efficient litigation because multiple people are pursuing a claim. This is particularly beneficial when the injuries are relatively small and the cost to pursue the case on its own is prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents, the process typically starts with a formal lawsuit that is filed in court, and then served on the defendant. The defendant has between 20 and 30 days to file their response called an answer. During this time they may defend against your personal injury claim, and/or create a counterclaim against you. They can also engage with discovery. This can include depositions, interrogatories as well as requests to produce (which could include documents, photos or video proof), and requests for admissions.

Depending on the severity 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 more economical and faster than going to trial. If the insurance company refuses to pay you the amount you deserve, your Long Island auto accident attorney might decide to bring them to court.

The damages you can get are those that you have documented like medical bills and property damage. You may also sue for noneconomic damage including pain and suffering. Insurance companies are known for underestimating the non-economic damages. A lawyer for car accidents with years of experience can guarantee that you are compensated fairly for your damages. This is especially crucial in the event that the driver who caused the accident does not have insurance or has inadequate insurance coverage to cover damages.

What can I expect from a lawsuit?

If a person who has been injured in a car crash seeks compensation for their injuries or losses they’ll need to be prepared to defend their claim. They will have to provide the evidence of their treatment such as doctor’s notes and test results along with receipts relating to any medical expenses. They’ll also need to prove their damages, including loss of income as well as property damage, pain and suffering. This is why it’s important to get medical attention for any injury immediately following a crash so all information is documented and can be provided to the insurance company as proof of loss.

During the discovery process, your attorney will interview witnesses, experts and others to establish a solid case on your behalf. This may include depositions in which the witness is required to testify under oath and is interrogated by your attorney. This lets both parties listen to all the accounts, evaluate the credibility of the testimony and make an assessment of what to do next.

After looking over the evidence, the judge or jury will decide whether the defendant was responsible for the incident. They will also decide the amount of damages you are entitled to. Based on the particular case, it could take anything from several days to an entire year. If you’re not satisfied with the result you can appeal to either party. It can be expensive and time-consuming for both parties to appeal therefore it is important to get your case ready as soon as possible after a crash.

Why should I employ an attorney?

If an accident causes injuries the victim will need to pay high medical bills, as well as the cost of property damage and lost wages because of the inability to work. A lawsuit may be essential to secure the compensation that is required. An attorney in auto accidents will help you determine if the filing of a lawsuit is necessary in your case.

The first step of an attorney’s job will be to obtain your medical records and any other documents connected to the accident. The evidence will be used to determine the extent and severity your injuries sustained in a car accident. Interviews with witnesses could also be conducted. In auto accident lawyer high point like engineers or mechanics may be brought in.

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

An experienced lawyer for car accidents will help you understand your legal options during a complimentary consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer all your questions regarding whether or how to proceed and what damages you might be able to claim.