Auto Accident Litigation

Gather all documentation related to your accident. This includes medical records and images of the scene, as well as bills and pay stubs.

Memories fade, witnesses can disappear or die, and evidence could disappear. If you and the defendant fail to agree on a solution in the next phase, then your case will be tried.

What is a lawsuit?

A lawsuit is an action brought in the court where the plaintiff tries to hold the defendant accountable 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 suit and could be ordered to pay damages if they are found to be responsible.

The complaint is the primary step in a civil case. This document provides all the facts and legal grounds for holding the defendant responsible for the plaintiff's losses. The defendant is given a specific period of time to respond to the complaint. They can argue against the allegations and the arguments of the plaintiff or ask to have the case dismissed for lack legal cause.

In addition the defendant has the option to settle the case instead of going to trial. Settlement is an agreement reached by the parties to end litigation without determining the liability in exchange for money.

There are also class action lawsuits that combine multiple injury claims into one to recover compensation. This allows for more cost-effective and efficient litigation, since multiple individuals are trying to file a claim. This is especially advantageous when the injuries are relatively small and the cost to litigate each case individually would be prohibitive.

How do lawsuits function?

In car accident lawsuits the process typically starts with a formal complaint which is filed with the court and then sent to the defendant. The Defendant then has between 20 and 30 days to file their response, known as an answer. During this time, they can make defenses against your personal injury claim, and/or make a counterclaim against you. They may also pursue discovery. This includes interrogatories (written questions), depositions, requests for production (which could include documents, photos, videos or physical evidence) and requests for admission.

You may settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the party who was at fault. This is a more cost-effective and faster alternative to going to court. If the insurance company refuses to pay the amount you deserve then your Long Island auto accident attorney could decide to take them to the court.

The damages you are entitled to receive are your documented expenses such as medical bills and property damage. Additionally, you can seek compensation for noneconomic damages like pain and suffering. Unfortunately, insurance companies often lower the amount of compensation for victims when they estimate damages that are not economic. A lawyer experienced in car accidents with extensive experience can ensure that you get fair compensation for your losses. This is especially crucial in the event that the at-fault driver does not have insurance or lacks insurance coverage to pay for your damages.

What can I expect when I file a lawsuit?

If a victim of a car crash seeks to recover for their losses or injuries they must be prepared to defend their claim. They must submit the evidence of their treatment such as doctor's notes and test results as well as receipts related to medical expenses. They'll need to prove damages, such as lost wages or property damage, as well as discomfort and pain. This is why it's vital to get medical attention for any injuries within a short time after a crash, to ensure that all information is recorded and is then provided to the insurance company to prove of loss.

During the discovery process, your attorney will interview witnesses, experts and others to create a convincing case for you. This could include depositions, where the witness gives their testimony under oath, and is asked questions by your attorney. This lets both parties review all evidence, evaluate the strength of the evidence and make an assessment of the best way to proceed.

After examining the evidence and evidence, a judge or jury will determine if the defendant is responsible for the accident and the amount of damages you will receive. The case will vary, but this can take anywhere from one or two days to an entire year. If either party is unhappy with the outcome, they can appeal the decision. Appeals can be time-consuming and costly for both parties, so it is important to prepare your case quickly following the crash.

Why should I engage an attorney?

If an accident results in injuries, the victim has to pay costly medical bills and property damage, as well as lost wages as a result of being in a position of no work. Legal action could be necessary in order to receive the compensation you need. An auto accident attorney 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 documents that pertains to the incident. The evidence will be used to determine the extent and severity of the injuries you sustained in a vehicle accident. Interviews with witnesses can also take place. In some cases experts such as mechanics or engineers can be called in.

Depending on the facts of the car accident depending on the circumstances, it could take weeks and months or a year to go through the entire process of litigation in the court. This is due 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 in the preparations for trial. In this period memories may fade, witnesses may disappear or die or die, and evidence could be lost.

A car accident 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'll answer your questions about whether to settle or sue and what damages you could recover.