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Auto Accident Litigation

Take all documentation regarding the accident. This includes medical records, photographs of the scene of the accident as well as bills and pay stubs.

Evidence may disappear witnesses can be killed or relocated and memories fade. If you and the Defendant cannot reach an agreement during this phase your case will be taken to trial.

What is a lawsuit?

A lawsuit is an action in the court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff can seek compensation in the form of monetary damages, or any other non-monetary “equitable remedies” from the court. The defendant has to respond to the complaint.


The first step in the civil process is filing the complaint. The document contains all the facts and legal grounds to hold the defendant accountable for the plaintiff’s losses. The defendant must answer the complaint within a certain period of time. They may contest the allegations and the arguments of the plaintiff or demand that the case be dismissed for lack legal cause.

Additionally, a defendant may choose to settle the case rather than going to trial. Settlement is a voluntary agreement between the parties that puts the litigation to an end without any determination of the liability in exchange for a cash settlement.

There are also class actions which combine multiple injury claims into a single claim for compensation. This allows for more cost-effective and efficient litigation, since multiple individuals 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 function?

In car accident lawsuits the process generally begins with a complaint, which is filed with the court and served to the defendant. The defendant is given between 20-30 days to respond, commonly called an answer. During this period, they can present defenses to your personal injury claim or even make counterclaims against your. They may also be involved in discovery. This could include interrogatories (written questions), depositions, requests for production (which could comprise photographs, documents, videos, and/or physical evidence) and requests for admission.

You can settle your case outside of 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 cheaper and faster than pursuing a trial. However, if the insurance company is unable to give you an amount that is reasonable then your Long Island car accident attorney could decide to bring the case to trial.

In general, you can recover damages for the documented costs like medical bills or property damage. In addition, you can sue for non-economic damages such as pain and suffering. Insurance companies are known for underestimating the cost of non-economic damages. A skilled lawyer for car accidents will use their vast experience to ensure that you are fairly compensated for your injuries. This is particularly crucial if the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.

What can I expect from a lawsuit?

If a victim of a car accident seeks compensation for their injuries or losses they’ll need to be prepared to contest their claim. They’ll likely require evidence of their treatment. auto accident lawyer san diego could include doctor’s notes and tests results, as well with receipts for any medical expenses related to the accident. They’ll also need show their damages, such as lost income as well as property damage, pain and suffering. This is why it’s crucial to seek medical attention for any injuries within a short time after a crash, so that all the information is documented and then presented to the insurance company as proof of loss.

During the process of discovery Your attorney will interview witnesses, experts and more to build a strong case for you. Depositions are a common method where the person is required to give their testimony under oath, and is asked questions by your attorney. This gives both parties the opportunity to listen and discuss each witnesses’ accounts, evaluate the strength of the evidence, and decide the best way to proceed.

After looking over the evidence, the judge or jury will determine which party is responsible for the incident. They will also decide the amount of damages you should be awarded. The process can take anywhere from several days and an entire year based on the circumstances. If you’re not satisfied with the result, either party can appeal. Appeal hearings can be long and costly for both parties, which is why it is important to begin preparing your case quickly following a crash.

Why should I choose to hire a lawyer?

If an accident causes injuries the victim will need to pay for medical bills that are costly along with loss of wages and property damage due to the inability to work. Legal action is often required to get the compensation you require. An attorney who handles auto accidents can assist you in determining if filing a lawsuit makes sense in your particular situation.

An attorney’s first step will be to ask for your medical records and other documentation that is related to the crash. The evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Interviews with witnesses could be conducted. In certain instances experts such as mechanics or engineers might be called into.

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

A lawyer for car accidents will walk you through the legal options that are available to you in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions regarding whether or how to proceed and what damages you may be able to recover.