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Auto Accident Litigation

The first step is to gather all the documentation related to your accident. This includes medical records, photos of the scene along with pay stubs and bills.

Memories fade, witnesses can leave or pass away, and evidence may disappear. If you and the defendant fail to agree on a solution in this stage, then your case will be heard.

What is a lawsuit?

A lawsuit is an action in the court where the plaintiff tries to hold the defendant responsible for a loss. A plaintiff may request the court for compensation in cash or other non-monetary “equitable relief.” The defendant must respond to the lawsuit and may be required to pay damages if found liable.

The complaint is the initial step of a civil case. The complaint outlines the facts of the case, and sets out the legal grounds for holding the defendant responsible for the plaintiff’s damages. The defendant has a predetermined amount of time to reply to the complaint. They may deny the allegations and counter the arguments of the plaintiff or request that the case is dismissed due to lack of legal basis.

In addition, a defendant may choose to settle the case instead of going to trial. A 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 financial award.

There are also class action lawsuits which combine a variety of injury claims into a single claim for compensation. This makes for more cost-effective and efficient litigation as multiple parties are seeking compensation for the same issue. This is especially advantageous when the injuries are relatively small and the expense to litigate individually would be prohibitive.

How do lawsuits function?

In car accident lawsuits the process generally starts with a complaint that is filed in court and then served on the defendant. The defendant has between 20 and 30 days to respond, commonly known as an answer. During this period, they can raise defenses against your personal injury claim, and/or file a counterclaim against you. They may also engage in discovery. This can include depositions, interrogatories as well as requests to produce (which could include photos, documents video, or physical proof) and requests for admissions.

You can settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the person who caused the accident. This is less expensive and less time-consuming than pursuing a trial. If the insurance company refuses to pay the amount you deserve, your Long Island auto accident attorney might decide to have to take them to court.


In general, you can claim damages for your documented expenses like medical bills and property damage. Additionally, you are able to seek compensation for noneconomic damages like pain and suffering. Unfortunately, insurance companies typically undervalue victims when estimating non-economic damages. An experienced car accident lawyer has the experience to ensure that you get fairly compensated for your losses. 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 the victim of a car crash seeks to recover for their losses or injuries, they will need to be prepared to contest their claim. They will have to provide evidence of their treatment, including the notes of a doctor and test results as well as receipts related to medical expenses. auto accident attorney district of columbia will need to prove damages, including lost wages as well as property damage, discomfort and pain. This is the reason it’s essential to get medical attention for any injuries within a short time after a crash, making sure that all details are documented and then presented to the insurance company to prove of loss.

During the process of discovery your attorney will question witnesses, experts and more to build a strong case on your behalf. It could also include depositions where the witness is required to testify under oath and is challenged by your attorney. The parties are able to listen to all the accounts, evaluate the credibility of the testimony and make an informed decision about how to proceed.

After review of the evidence, a judge or jury will determine whether the defendant was accountable for the incident. They will also decide the amount of damages that you should receive. Depending on the case, it could take from one or two days to an entire year. If you are unhappy with the result you can appeal to either party. Appeals can be time-consuming and expensive for both parties, which is why it is important to prepare your case quickly after an accident.

Why should I hire an attorney?

When an accident causes injuries, the victim will be faced with expensive medical bills and property damage, plus lost wages as a result of being incapable of working. Taking legal action may be essential to secure the amount of compensation required. An auto accident attorney can assist in determining whether filing a lawsuit makes sense in your particular situation.

The first step of an attorney’s job will be to obtain your medical records and other documents in connection with the accident. They will make use of this evidence to sketch a picture of the extent and severity of your car accident injuries. Interviews with witnesses may be conducted. In some instances experts such as mechanics and engineers can be brought to testify.

It could take weeks, or months, to complete the court process in the event of your accident. This is due to a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both sides), setting court dates, as well as trial preparations. During this period, memories can disappear, witnesses could go away or even die, and evidence could be lost.

A seasoned attorney for car accidents will guide you through your legal options during a complimentary consultation. Contact 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 what damages you might be able to recover.