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Auto Accident Litigation

Gather all documentation that pertains to your accident. This includes medical records, photos and evidence of the scene of the crash including bills and pay stubs.

Memories fade, witnesses may leave or pass away, and evidence could disappear. If auto accident lawyer naperville and the defendant are unable to agree on a solution in this phase, then your case will be heard.


What is a lawsuit?

A lawsuit is a legal action brought in an administrative court where the plaintiff seeks to make the defendant accountable for a loss. A plaintiff may seek financial compensation, or other non-monetary “equitable remedies” from the court. The defendant must to respond to the complaint.

The complaint is the primary step in a civil lawsuit. This document outlines the facts of the matter and lays out the legal grounds for holding the defendant responsible for the plaintiff’s damages. The defendant must respond to the complaint within a specified period of time. They may deny all allegations and counter the plaintiff’s arguments, or they can ask for the case to be dismissed due to insufficient legal grounds.

A defendant can also opt to settle a case instead than attempting to resolve it. Settlement is an agreement that is voluntary between parties that brings an end to litigation but without a determination of the parties’ liability in exchange for cash settlement.

There are also class action lawsuits that combine multiple injury claims into one claim to recover compensation. This results in a more cost-effective and efficient litigation, since multiple individuals are in the process of pursuing a claim. This is especially beneficial in cases where injuries are not that significant and the cost of individual litigation could be prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits the procedure usually starts with a formal complaint that is filed in court, and then served on the defendant. The defendant has 20 and 30 days to reply, also called an answer. During this period they may argue defenses against your personal injury claim, and/or make a counterclaim against you. They may also be involved in discovery. This can include depositions, interrogatories and requests for evidence (which could include documents, photos or video proof), and requests for admission.

Based on the degree of your injuries and the insurance coverage of the person who caused your injuries You may decide to settle your case outside of court. This is more economical and quicker than going to trial. However, if the insurance company is not willing to provide you with a fair amount of money and you are not satisfied, your Long Island car accident attorney might decide to take the case to trial.

In general, you can claim damages for your documented costs such as medical bills and property damages. You may also sue for non-economic damages including pain and suffering. Unfortunately, insurance companies typically lowball victims when they estimate non-economic damages. A lawyer who has years of experience can guarantee that you receive fair compensation for your damages. This is particularly important when the driver at fault is not insured or has inadequate insurance coverage that covers damages.

What should I expect if I start an action?

If a victim of a car accident seeks compensation for their losses or injuries they’ll need to be prepared to contest their claim. They will have to provide documentation of their treatment including medical notes and test results and receipts relating to medical expenses. They’ll also have to prove their losses, such as loss of income or property damage as well as pain and suffering. This is why it’s important to seek medical attention for any injuries within a short time after a crash, making sure that all details are documented and is then presented to the insurance company as proof of loss.

During the discovery process, your attorney will interview witnesses, experts and others to build a strong case on your behalf. This could include depositions, in which the person testifies their testimony under oath and is asked questions by your attorney. This lets both parties listen to all the accounts, evaluate the credibility of the testimony and take an informed decision about how to proceed.

After reviewing the evidence after which a jury or judge will determine whether the defendant is accountable for the accident and the amount of damages you must be awarded. The process can take anywhere from a few days and over a year depending on the specific case. If one party is dissatisfied with the outcome, they can file an appeal. The process can be lengthy and expensive for both parties, therefore it is crucial to plan your case right away after a crash.

Why should I hire a lawyer?

If an accident results in injuries, the victim faces expensive medical bills and property damage, as well as lost wages because they are not able to work. Legal action could be necessary to get the compensation that is required. A lawyer who specializes in auto accidents can help you determine if a lawsuit is appropriate in your particular case.

The first thing an attorney will do is ask for your medical records and other evidence related to the accident. The evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Witnesses could also be interviewed. In some cases experts like engineers or mechanics can be called in.

Based on the circumstances of the car accident depending on the circumstances, it could take weeks, months, or even an entire year to complete the entire process of suing in court. This is due to a number of factors, including negotiations with insurance companies as well as discovery (analyzing the evidence from both parties) and setting dates for court, as well being prepared for trial. In this time, the memories may fade, witnesses could move away or even die, and evidence could be lost.

An experienced lawyer for car accidents will walk you through your legal options during a no-cost consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions regarding whether you should decide to settle or sue, as well as the amount of damages you can claim.