Auto Accident Litigation

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

Memory fades, witnesses could go away or die, and evidence could disappear. If you and the defendant cannot come to an agreement during the next phase, then your case will be tried.

What is a lawsuit?

A lawsuit is a legal action brought in the court of law in which the plaintiff seeks to make the defendant accountable for a loss. A plaintiff could seek financial compensation, or other non-monetary "equitable remedies" from the court. The defendant must to respond to the complaint.

The complaint is the first step of a civil case. This document outlines all the facts and legal grounds for holding the defendant liable for the plaintiff's losses. The defendant must respond to the complaint within a certain amount of time. They may deny the allegations and counter the arguments of the plaintiff, or ask to have the case dismissed for lack of legal grounds.

In addition an accused can decide to settle the case instead of go to trial. A settlement is an agreement that is voluntary between parties that brings an end to litigation but without any determination of responsibility in exchange for cash settlement.

There are also class action lawsuits, Vimeo which combine a variety of injury claims into a single claim to recover compensation. This allows for more cost-effective and efficient litigation because multiple people are pursuing the same claim. This is particularly beneficial when the injuries are relatively small and the cost of individual litigation would be prohibitive.

What happens when a lawsuit is filed?

In car accident lawsuits, the process usually starts with a formal complaint which is filed in the courtroom, and then served on the defendant. The defendant has between 20 and 30 days to respond, known as an answer. In this time they may defend against your personal injury claim, and/or file a counterclaim against you. They can also engage in discovery. This can include interrogatories (written questions), depositions, requests for production (which could comprise photographs, documents, videos or even 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 who was at fault. This is cheaper and quicker than pursuing a trial. However, if the insurance company is unwilling to give you a reasonable amount of money, your Long Island car accident attorney may decide to take them to trial.

In general, you can recover damages for your documented costs such as medical bills and property damage. In addition, you can seek compensation for noneconomic damages like pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer for car accidents with vast experience can make sure that you are compensated fairly for your damages. This is especially crucial when the driver at fault does not have insurance or lacks insurance coverage to pay for damages.

What can I expect should I start an action?

If a victim of a car crash seeks compensation for their injuries or losses they must be prepared to contest their claim. They will likely need documentation of their treatment. This could include doctors' notes and test results, as well in receipts for any medical expenses related to the accident. They'll need to show damages, including lost wages damages to property, pain and discomfort. This is why it's vital to get medical attention for any injury within a short time after a crash, making sure that all details are documented and then provided to the insurance company to prove of loss.

During the discovery phase, your attorney will interview experts, witnesses as well as other people to build an evidence-based case for you. This may include depositions, where the witness gives their testimony under oath, and is asked questions by your attorney. The parties have the opportunity to listen to other's accounts, evaluate the credibility of the evidence and decide on what to do next.

After having reviewed the evidence, the judge or jury will decide whether the defendant was responsible for the accident. They will also decide the amount of damages you are entitled to. Depending on the case, this could take anywhere from just a few days to more than one year. If either party is dissatisfied with the outcome, they may appeal the decision. It can be costly and time-consuming for both parties to appeal therefore it is important to begin preparing your case as soon as possible after the crash.

Why should I hire an attorney?

If an accident results in injuries the victim is required to pay for medical bills that are costly and also property damage and lost wages due to the inability to work. Legal action might be required in order to receive the compensation you need. An tehachapi auto accident attorney accident attorney can help determine if it is advisable to file a lawsuit for your situation.

The first thing an attorney will do is request your medical records and other documentation relating to the accident. The evidence will be used to determine the extent and severity your injuries from a car accident. Interviews with witnesses could also take place. In certain instances experts such as mechanics or engineers may be called 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 range of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides), setting the dates for court and trial preparations. During this time memories can fade, witnesses could go missing or die and evidence may be lost.

A car accident lawyer will assist you with the legal options you have during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions about whether to sue or settle and also what damages you could recover.