Auto Accident Litigation
Document everything that is in connection with your accident. This includes medical records and images of the scene and also pay stubs and bills.
Memories fade, witnesses may leave or pass away, and evidence could disappear. If you and the Defendant cannot reach an agreement during this phase, your case will go to trial.
What is a lawsuit?
A lawsuit is a legal proceeding filed in a court of law, where the plaintiff seeks to hold the defendant liable for a loss. A plaintiff may seek an amount of money, or other non-monetary "equitable remedies" from the court. The defendant has to respond to the complaint.
The first step in the civil court process is to file the complaint. This document provides all the facts and legal basis to hold the defendant accountable for the plaintiff's losses. The defendant has a certain amount of time to respond to the complaint. They may deny all allegations and challenge the plaintiff's arguments, or request that the case be dismissed because of a lack of legal cause.
Additionally the defendant has the option to settle the case rather than go to trial. Settlement is a voluntary agreement between the parties that brings an end to litigation without any determination of the liability in exchange for a monetary award.
There are also class action lawsuits which combine numerous injury claims into one claim to recover compensation. This allows for more efficient and cost-effective lawsuit, as multiple parties are trying to file a claim. This is especially beneficial when the damages are small and the expense to pursue the case on its own is prohibitive.
How do lawsuits work?
In car accident lawsuits, the process usually begins with a formal complaint which is filed in court, and then sent to the defendant. The defendant has between 20 to 30 days to respond, commonly known as an answer. In this time they may argue defenses against your personal injury claim and/or make a counterclaim against you. They can also engage with discovery. This could include interrogatories, depositions, requests to produce (which could include documents, photos video, or physical proof) 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 responsible. This is a cost-effective and quicker option than going to court. If the insurance company refuses to pay you a fair amount, your Long Island auto accident attorney might decide to bring them to the court.
Generally, the damages you can receive are your documented expenses like medical bills and property damage. You may also sue for damages that are not economic like pain and suffering. Unfortunately, insurance companies tend to undervalue victims when it comes to estimating noneconomic damages. An experienced car accident lawyer will use their vast experience to ensure that you get adequately compensated for your losses. This is particularly crucial in the event that the driver who caused the accident does not have insurance or has inadequate insurance coverage to pay for damages.
What can I expect should I make a claim in a lawsuit?
When a car accident victim is seeking compensation for their injuries and losses they should be prepared to pursue their claim. They must submit the evidence of their treatment such as medical notes and test results along with receipts relating to any medical expenses. They'll also have to prove their damages such as lost income as well as property damage, the pain and suffering. It is essential to seek medical attention as soon as possible after a collision for any injuries and ensure that all details is documented and provided to the insurer as proof of loss.
During the process of discovery your attorney will question witnesses, experts and more to build a strong case for you. This may include depositions in which witnesses testify under oath and is challenged by your attorney. The parties have the opportunity to listen and discuss each other's accounts, evaluate the strength of the evidence, and decide how to proceed.
After looking over the evidence, the judge or jury will decide whether the defendant is responsible for the incident. They will also decide the amount of damages that you should receive. It can take anywhere from a few days and over an entire year based on the specific case. If you're unhappy with the result you can appeal to either party. The process of appealing can be time-consuming and expensive for both parties, therefore it is important to begin preparing your case as soon as possible after a crash.
Why should I hire an attorney?
If an accident results in injuries, the victim faces expensive medical bills and property damage, in addition to lost wages as a result of being in a position of no work. Taking legal action may be necessary to get the compensation needed. A lawyer who specializes in auto accidents can assist you in determining whether a lawsuit would be appropriate in your particular case.
An attorney's first step will be to obtain your medical records and any other documentation that is related to the accident. auto accident lawsuit st charles will use this evidence in order to draw a picture of extent and severity of your injuries sustained in a car accident. Interviews with witnesses might be conducted. In certain instances, experts like mechanics or engineers could be brought in.
Based on the circumstances of the car accident It could take weeks up to months or an entire year to complete the entire process of suing in the court. This is due a number of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence of both parties) and establishing dates for trial, as well with the preparations for a trial. During this time memories can fade, witnesses can go missing or die and evidence may be lost.
A lawyer for car accidents will walk you through the legal options available to you during an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer all your questions about whether or not to sue and what damages you might be able to recover.