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Auto Accident Litigation

Take all documentation related to the accident. This includes medical records, photos of the scene along with bills and pay stubs.

Evidence can disappear, witnesses may pass away or disappear, and memories fade. If you and the defendant do not reach a consensus during this time your case will go to trial.

What is a lawsuit?

A lawsuit is a legal action filed in a court of law wherein the plaintiff seeks to hold the defendant liable for any loss. A plaintiff can request the court for monetary compensation or other non-monetary “equitable relief.” The defendant must respond to the complaint and may be forced to pay damages if found to be liable.

The first step in the civil court process is to file the complaint. The complaint outlines all facts and legal grounds to hold the defendant accountable for the plaintiff’s losses. The defendant must respond to the complaint within a predetermined period of time. They may deny the allegations and counter the arguments of the plaintiff, or request that the case be dismissed due to lack of legal reason.

Additionally, a defendant may choose to settle the case rather than go to trial. A settlement is a voluntary agreement between the parties that brings an end to litigation but without any determination of the parties’ liability in exchange for monetary award.

There are also class action lawsuits that combine multiple injuries into one claim to recover compensation. auto accident attorneys roswell makes for more cost-effective and efficient litigation since multiple individuals are trying to pursue the same claim. This is particularly beneficial when the injuries are relatively small and the cost of individual litigation could be prohibitive.

How does a lawsuit work?

In lawsuits involving car accidents the process generally begins with a complaint, which is filed in court and served to the defendant. The defendant is given between 20-30 days to respond, which is called an answer. During this period, they can make defenses to your personal injury claim, or even make counterclaims against your. They may also engage in discovery. This can include interrogatories (written questions) and depositions. They also can make requests for production (which could include documents, photos, videos or even physical 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 person who caused the accident. This is more cost effective and quicker than pursuing a trial. However, if the insurance company is unable to pay you a fair amount of money or even a fair amount, your Long Island car accident attorney might decide to take the case to trial.

In general, you can seek damages for your documented costs like medical bills or property damages. You may also sue for non-economic damages that you suffer from, like pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. A seasoned lawyer in car accidents can draw on their vast experience to ensure that you receive fairly compensated for your injuries. This is especially crucial if the driver at fault 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 accident seeks compensation for their injuries or losses they must be prepared to fight their claim. They must provide the evidence of their treatment such as doctor’s notes and test results along with receipts relating to any medical expenses. They’ll need to prove damages, such as lost wages or property damage, as well as pain and discomfort. This is the reason it’s essential to seek medical attention for any injuries immediately following a crash to ensure that all information is recorded and presented to the insurance company as proof of loss.

During the process of discovery your attorney will question witnesses, experts and others to build a strong case on your behalf. This may include depositions in which witnesses testify under oath while being confronted by your attorney. This gives both parties the opportunity to listen to other’s testimony, assess the credibility of the evidence and decide how to proceed.

After reviewing the evidence, a judge or jury will determine if the defendant is accountable for the incident and the amount of damages you will receive. Based on the circumstances, this can take anywhere from just a few days to more than a year. If one of the parties is unhappy with the outcome, they may appeal. Appeal hearings can be long and costly for both parties, therefore it is crucial to plan your case right away after an accident.

Why should I choose to hire an attorney?

If an accident results in injuries, the victim will be faced with costly medical bills and property damage, in addition to lost wages because they are incapable of working. A lawsuit may be essential to secure the compensation needed. An attorney for auto accidents can help you determine if a lawsuit is appropriate in your case.

The first thing an attorney will do is ask for your medical records and other documents relating to the accident. They will make use of this evidence to create a picture of extent and severity of your car accident injuries. Witnesses can also be interviewed. In some instances, experts such as engineers or mechanics could be brought in.

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

A car accident lawyer will guide you through the legal options that are available to you during the free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can help you answer all your questions regarding whether or not to sue and the damages you could be able to claim.