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Auto Accident Litigation

The first step is to gather all documentation pertaining to your accident. This includes medical records, images of the scene as well as pay stubs and bills.

Evidence may disappear witnesses can disappear or die, and memories fade. If you and the defendant do not reach a consensus in the next phase, then your case will be tried.

What is a lawsuit?

A lawsuit is a proceeding in court in which the plaintiff seeks to hold the defendant accountable for the loss. A plaintiff may ask for monetary compensation, or other non-monetary “equitable remedies” from the court. The defendant will have to respond to the complaint.

The first step in a civil lawsuit is filing the complaint. The document describes the facts of the case and lays out the legal basis for holding the defendant accountable for the plaintiff’s damages. The defendant has a predetermined period of time in which they must respond to the complaint. They can contest the allegations and the arguments of the plaintiff or demand that the case be dismissed due to lack of legal reason.

In addition, a defendant can choose to settle the case rather than go to trial. Settlement is an agreement reached between the parties in order to end litigation without determining the extent of liability in exchange for money.

There are also class actions which combine multiple injuries into a single claim for compensation. This allows for more cost-effective and efficient litigation because multiple people are trying to pursue the same claim. This is particularly beneficial when the damages are minor and the cost to pursue the case on its own is prohibitive.

What is the procedure for a lawsuit?

In car accident lawsuits the process typically begins with a complaint, which is filed with the court and served to the defendant. The defendant has 20 and 30 days to respond, which is known as an answer. In this time they may argue defenses against your personal injury claim, and/or bring a counterclaim against your. They may also engage in discovery. This can include depositions, interrogatories, requests to produce (which could include documents, photos or video proof), and requests for admissions.

You may 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 a cost-effective and faster option than going to court. If the insurance company refuses to provide you with a reasonable amount of money then your Long Island car accident attorney may decide to take them to trial.

In general, you can claim damages for the documented costs like medical bills or property damages. Additionally, you can sue for noneconomic damages like pain and suffering. Insurance companies are known for underestimating the non-economic damages. An experienced car accident lawyer has the experience to ensure that you are fairly compensated for your damages. This is especially crucial if the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.

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

If the victim of a car accident seeks compensation for their losses or injuries they must be prepared to contest their claim. They must submit proof of their treatment, such as medical notes and test results along with receipts relating to any medical expenses. auto accident attorneys mission ‘ll also need show their damages, such as loss of income as well as property damage, pain and suffering. This is why it’s vital to get medical attention for any injuries immediately following a crash to ensure that all information is recorded and then provided to the insurance company as proof of loss.

During the discovery phase during the discovery phase, your attorney will interview witnesses, experts, and others to build a strong case for you. This could include depositions where witnesses testify under oath while being challenged by your attorney. The parties are able to hear all accounts, assess the strength of the testimony and make the decision on the best way to proceed.

After reviewing the evidence the judge or jury will determine if the defendant is accountable for the incident and the amount of compensation you’ll be awarded. Based on the circumstances, it could take anything from one or two days to an entire year. If either party is dissatisfied with the decision, they can file an appeal. It can be costly and time-consuming for both parties to file an appeal, so it’s important to get your case ready as soon as you can after a crash.

Why should I choose to hire an attorney?

If an accident results in injuries, the victim will have to pay medical bills that can be costly and also property damage and lost wages due to being unable work. Legal action may be needed to obtain the compensation you need. An attorney who handles auto accidents will help you determine if it is advisable to file a lawsuit in your particular situation.

The first thing an attorney will do is request your medical records and other documentation that pertains to the incident. They will utilize this evidence to create a picture of magnitude and severity of your car accident-related injuries. Witnesses are also interviewed. In some instances experts like mechanics or engineers could be brought to testify.


It could take weeks, even months, to complete the court process depending on the circumstances of your accident. This is due to a variety of factors, including negotiations with insurance companies as well as discovery (analyzing the evidence from both sides) and setting dates for trial, as well in the preparations for trial. In this period memories may disappear, witnesses can go missing or die and evidence may be lost.

A lawyer for car accidents will guide you through the legal options available to you during an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions regarding whether you should decide to settle or sue, as well as what damages you are entitled to.