auto accident law firms Accident Litigation
The first step is to collect all documentation pertaining to your accident. This includes medical records, photographs and evidence of the crash scene such as bills and pay stubs.
Evidence may disappear witnesses can die or move away, and memories fade. If you and the defendant cannot come to an agreement at this point, your case will go to trial.
What is a lawsuit?
A lawsuit is an action in court in which the plaintiff seeks to hold the defendant accountable for the loss. A plaintiff can seek an amount of money, 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 to file the complaint. The complaint outlines all facts and legal basis for determining the defendant’s liability for the plaintiff’s losses. The defendant has a predetermined period of time in which they must respond to the complaint. They may argue against the allegations and the arguments of the plaintiff, or ask to have the case dismissed due to lack of legal basis.
In addition, a defendant can choose to settle the case instead of go to trial. Settlement is an agreement that is voluntary between parties that puts an end to litigation but without any determination of responsibility in exchange for money-based award.
There are also class actions which combine multiple injury claims into one claim for compensation. This allows for more cost-effective and efficient litigation since multiple individuals are seeking compensation for the same issue. This is particularly beneficial when the damages are small and auto accident Law firms the cost to litigate individually would be prohibitive.
How do lawsuits work?
In lawsuits involving car accidents, the process typically starts with a lawsuit, which is filed in court and served to the defendant. The defendant is then given between 20 and 30 days to file their response which is known as an answer. During this time, they may raise defenses to your personal injury claim, and/or make counterclaims against you. They may also use discovery. This can include depositions, interrogatories and requests for evidence (which could include documents, photos videos, documents, 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 and the insurance coverage of the party at fault. This is more economical and faster than pursuing a trial. However, if the insurance company is unwilling to give you a fair amount of money or even a fair amount, your Long Island car accident attorney might choose to take the case to trial.
Generally speaking, the damages you are entitled to get are those that you have documented such as medical bills and property damage. You can also sue for noneconomic damage, such as pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when they estimate non-economic damages. A lawyer who has vast experience can make sure that you get fair compensation for your damages. This is particularly crucial if the driver at fault has no insurance or inadequate insurance coverage to cover damages.
What should I expect if I start a lawsuit?
If a victim of a car accident seeks compensation for their injuries or losses, they will need to be prepared to defend their claim. They must submit the evidence of their treatment such as the notes of a doctor and test results and receipts relating to any medical expenses. They’ll also need prove their damages, including loss of income or property damage as well as pain and suffering. It is vital to seek medical attention right away after a collision for any injuries so that all the information can be documented and submitted to the insurance company to prove the loss.
During the discovery stage Your attorney will talk to experts, witnesses as well as other people to build a solid case for you. This may include depositions where the witness gives 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 then decide how to proceed.
After having reviewed the evidence, the judge or jury will determine whether the defendant was accountable for the accident. They will also decide the amount of damages that you should receive. Based on the circumstances, it could take anything from just a few days to more than one year. If one of the parties is unhappy with the outcome, they are able to file an appeal. It can be expensive and time-consuming for both parties to appeal, so it’s important to get your case ready as soon as possible after the crash.
Why should I choose to hire a lawyer?
If an accident causes injuries the victim will need to pay expensive medical bills along with loss of wages and property damage due to being unable work. It is required to receive the money needed. A lawyer who specializes in Auto Accident Law firms accidents can help you determine whether a lawsuit is appropriate in your particular case.
The first step for an attorney would be to obtain your medical records as well as other documentation related to the accident. This evidence will be used to determine the extent and severity of your injuries in a car accident. Interviews with witnesses can also be conducted. In some instances experts such as mechanics or engineers can be called in.
Depending on the facts of the car accident It could take weeks, months, or even one year to complete the entire process of suing in the court. This is due to a variety of factors, including negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. During this period, memories can disappear, witnesses could go away, or even die, and evidence can be lost.
A car auto accident law firms lawyer will assist you with the legal options that are available to you during a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or not you should sue and what damages you may be able to claim.