auto accident law firms accident law firm - click here for more info, Accident Litigation

The first step is to gather all the documentation related to your accident. This includes medical records, photos and evidence of the accident scene as well as pay stubs, bills and other documents.

Evidence may disappear, witnesses may pass away or disappear, and memories fade. If you and the Defendant are unable to reach an agreement at this point, your case will go to trial.

What is a lawsuit?

A lawsuit is a legal action brought in the court of law in which the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff can request the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the suit and may be ordered to pay damages if they are held liable.

The complaint is the initial step of a civil case. The complaint outlines 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 set period of time in which they must respond to the complaint. They may deny the allegations and counter the arguments of the plaintiff, or request that the case be dismissed due to lack of legal basis.

Additionally, a defendant can choose to settle the case instead of go to trial. A settlement is an agreement made between parties that puts an end to litigation without any determination of the liability in exchange for a monetary award.

There are also class action lawsuits, that combine multiple injury claims into a single claim to recover compensation. This makes for more cost-effective and auto accident law firm efficient litigation since multiple individuals are seeking compensation for the same issue. This is particularly advantageous when the injuries are relatively small and the expense to litigate each case individually would be prohibitive.

How do lawsuits proceed?

In lawsuits involving car accidents, the process typically starts with a lawsuit, which is filed in the court and then served on the defendant. The defendant is then given between 20 and 30 days to file their response called an answer. During this time, they can make defenses against your personal injury claim, and/or make a counterclaim against you. They may also be involved in discovery. This includes depositions, interrogatories and requests for evidence (which may include documents, photos videos, documents, and/or physical evidence) and requests for admissions.

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 less expensive and less time-consuming than going to trial. However, if the insurance company is unable to pay you an adequate amount of money, your Long Island car accident attorney might choose to take the case to trial.

In general, you can recover damages for your documented costs such as medical bills and property damages. You can also sue for non-economic damages, such as pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. An experienced car accident lawyer can use their extensive experience to ensure you are fairly compensated for your injuries. This is especially crucial in cases where the at-fault party does not have insurance or lacks insurance coverage to cover your losses.

What can I expect when I decide to file an action?

If a victim of a car collision is seeking compensation for their losses and injuries They must be prepared to defend their claim. They must submit proof of their treatment, such as the notes of a doctor and test results and receipts relating to any medical expenses. They will also need to prove their damages, including lost income or property damage as well as suffering and pain. This is why it's crucial to get medical attention for any injury immediately following a crash so all information is documented and provided to the insurance company to prove of loss.

During the discovery process Your attorney will interview witnesses, experts and more to build a strong case on your behalf. Depositions are a common method where the person is required to give their testimony under oath and is asked questions by your attorney. The parties have the opportunity to listen and discuss each witnesses' accounts, evaluate the credibility of the evidence and decide on the best way to proceed.

After review of the evidence, a judge or jury will decide which party is responsible for the incident. They will also decide the amount of damages that you should receive. The process can take anywhere from several days and one year based on the particular case. If either party is unhappy with the outcome, they may appeal the decision. It's expensive and time-consuming for both parties to appeal, so it's important to prepare your case immediately following an accident.

Why should I hire an attorney?

If an accident results in injuries the victim is required to pay for medical bills that are costly, as well as the cost of property damage and lost wages because of being unable to work. Legal action is often required to obtain the compensation you need. An auto accident attorney can help determine if it is advisable to file a lawsuit in your situation.

The first step for an attorney will be to ask for your medical records and any other documents connected to the accident. They will make use of this evidence to draw a picture of extent and severity of your car accident-related injuries. Witnesses can also be interviewed. In some instances experts like mechanics or engineers can be brought into.

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

An experienced attorney for car accidents will help you understand your legal options in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions about whether or not you should sue and the damages you could be able to recover.