auto accident attorney Accident Litigation

Document everything that is related to the accident. This includes medical records, photos of the accident scene and also pay stubs and bills.

Evidence may disappear witnesses can disappear or die and memories may fade. If you and the Defendant do not reach a consensus during this phase your case will be taken to trial.

What is a lawsuit?

A lawsuit is a legal action brought in a court of law, where the plaintiff seeks to make the defendant accountable for Auto Accidents any loss. A plaintiff may seek an amount of money, or other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.

The complaint is the initial stage of a civil action. The complaint outlines the facts of the matter and lays out the legal basis for holding the defendant responsible for the plaintiff's damages. The defendant must respond to the complaint within a certain period of time. They can contest the allegations and the arguments of the plaintiff or ask to have the case dismissed due to lack of legal basis.

A defendant may also choose to settle a case instead than attempting to resolve it. A settlement is an agreement reached between the parties in order to end litigation without determining liability in exchange for money.

There are also class actions which combine multiple injury claims into one claim for compensation. This allows for a more cost-effective and efficient litigation because multiple people are pursuing a claim. This is especially beneficial when the damages are minor and the cost to litigate each case individually would be prohibitive.

How does a lawsuit work?

In car accident lawsuits the process usually starts with a formal complaint which is filed with the court and then delivered to the defendant. The defendant has between 20-30 days to respond, auto accidents also known as an answer. In this time, they can raise defenses against your personal injury claim and/or make a counterclaim against you. They may also pursue discovery. This includes depositions, interrogatories or requests to produce (which may include documents, photos or video evidence) and requests for admission.

You can settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is a cheaper and faster option than going to court. However, if the insurance company is not willing to provide you with a reasonable amount of money and you are not satisfied, your Long Island car accident attorney might decide to take them to trial.

Generally speaking, the damages you are entitled to recover include your documented costs like medical bills and property damage. Additionally, you are able to sue for noneconomic damages like pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. An experienced car accident lawyer will use their vast experience to ensure that you are fairly compensated for your damages. This is especially important in the event that the at-fault driver has no insurance or insufficient insurance coverage to pay for your damages.

What can I expect from a lawsuit?

When a car accident victim seeks compensation for their injuries and losses they have to be prepared to fight for their claim. They must submit documentation of their treatment including doctor's notes and test results as well as receipts related to medical expenses. They'll have to prove damages, such as lost wages, property damage, and discomfort and pain. This is why it's vital to seek medical attention for any injury immediately following a crash, to ensure that all information is recorded and presented to the insurance company to prove of loss.

During the discovery stage, your attorney will interview experts, witnesses and other individuals to create a solid case for you. This may include depositions in which the witness is required to testify under oath, while being questioned by your attorney. This lets both parties listen to all the accounts, evaluate the credibility of the evidence and make an informed decision about how to proceed.

After looking over the evidence, the judge or jury will determine whether the defendant was accountable for the accident. They will also determine the amount of damages that you are entitled to. Depending on the case, this can take anywhere from a few days to over an entire year. If one party is dissatisfied with the outcome, they may make an appeal. Appeals can be time-consuming and expensive for both parties, so it is important to prepare your case quickly following the crash.

Why should I choose to hire an attorney?

If an accident causes injuries the victim is required to pay expensive medical bills and also property damage and lost wages due to being unable work. Legal action may be needed to get the compensation you require. An attorney for auto accidents can assist you in determining if the filing of a lawsuit is appropriate for your situation.

The first thing an attorney will do is ask for your medical records and other evidence relating to the accident. This evidence will be used to determine the extent and severity of your injuries in a car accident. Witnesses are also interviewed. In some instances experts such as mechanics or engineers may be called in.

It could take weeks, even months to complete the court procedure dependent on the circumstances of your accident. This is due to a range of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. During this time memories can disappear, witnesses can go missing or die or pass away, and evidence can be lost.

An experienced attorney for car accidents will walk you through your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether to settle or sue and what damages you are entitled to.