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Auto Accident Litigation

Take all documentation regarding your accident. This includes medical records, photos and evidence of the scene of the crash as well as pay stubs, bills and other documents.

Memories fade, witnesses may move away or die and evidence could disappear. If you and the defendant fail to reach a consensus in this stage, your case will be tried.

What is a lawsuit?

A lawsuit is an action brought in court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff may seek financial compensation, or other non-monetary “equitable remedies” from the court. The defendant will have to respond to the complaint.

The complaint is the primary stage of a civil action. The document describes the facts of the matter and lays out the legal grounds for holding the defendant responsible for the plaintiff’s damages. The defendant has a certain period of time to respond to the complaint. They can deny all allegations and refute the plaintiff’s arguments, or they can request that the case be dismissed for lack of legal cause.

Additionally the defendant has the option to settle the case rather than going to trial. A settlement is an agreement reached between the parties in order to end litigation without determining liability for money.


There are also class action lawsuits, which combine a variety of injury claims into a single claim for compensation. This allows for more efficient and cost-effective litigation because multiple people are fighting the same case. This is especially beneficial when the injuries are relatively minor and the cost to litigate on your own would be prohibitive.

How does a lawsuit work?

In car accident lawsuits, the procedure usually begins with a formal complaint which is filed with the court and then delivered to the defendant. The defendant is then given between 20 and 30 days to respond, known as an answer. During this period, they can raise defenses against your personal injury claim and/or create a counterclaim against you. They may also use discovery. This includes depositions, interrogatories and requests for evidence (which could include photos, documents or video evidence) and requests for admissions.

You can settle your case without going to court, based on the severity of the injuries you sustained as well as the insurance coverage of the party who was at fault. This is a cost-effective and faster alternative to going to court. If the insurance company refuses to pay a fair amount and you are not satisfied, your Long Island auto accident attorney may decide to bring them to court.

In general, you can claim damages for the documented costs such as medical bills and property damage. You can also sue for non-economic damages, such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A car accident lawyer with vast experience can make sure that you are compensated fairly for your losses. This is especially crucial when the person at fault does not have insurance or lacks insurance coverage to cover damages.

What should I expect if I make a claim in a lawsuit?

When auto accident lawyer bethlehem seeks compensation for their losses and injuries, they must be prepared to fight for their claim. They will have to provide proof of their treatment, such as the notes of a doctor and test results along with receipts relating to medical expenses. They’ll need to prove damages, such as lost wages as well as property damage, pain and discomfort. This is why it’s vital to seek medical attention for any injuries immediately after a crash making sure that all details are documented and presented to the insurance company as proof of loss.

During the discovery stage during the discovery phase, your attorney will interview witnesses, experts as well as other people to build a strong case for you. This may include depositions in which the person is required to testify under oath and is challenged by your attorney. This allows both parties the opportunity to hear each other’s testimony, assess the strength of the testimony and decide on what to do next.

After reviewing the evidence after which a jury or judge will determine whether the defendant is responsible for the accident and the amount of damages you should be awarded. Based on the particular case, this could take anywhere from several days to one year. If you are not satisfied with the result both parties have the option of appealing. It can be expensive and time-consuming for both parties to appeal therefore it is important to get your case ready immediately following the crash.

Why should I employ a lawyer?

When an accident causes injuries, the victim is faced with costly medical bills and property damage, not to mention lost wages because they are in a position of no work. It is 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 thing an attorney will do is request your medical records and other documentation in connection with the accident. They will use this evidence to sketch a picture of the degree and severity of your car accident injuries. Witnesses can also be interviewed. In certain cases, experts such as engineers or mechanics can be called in.

Based on the circumstances of your car accident depending on the circumstances, it could take weeks and months or an entire year to complete the entire process of suing in court. This is due to a range of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting court dates, and trial preparations. In this time, memories can disappear, witnesses could go away or even die, and evidence can be lost.

A lawyer for car accidents will walk you through the legal options available to you during a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can help you answer all your questions regarding whether or not you should sue and what damages you might be able to claim.