Auto Accident Litigation
Collect all the documentation in connection with the accident. This includes medical records, photographs and evidence of the accident scene including bills and pay stubs.
Evidence can vanish, witnesses may be killed or relocated and memories may fade. If you and the defendant cannot come to an agreement at this point your case will go to trial.
What is a lawsuit?
A lawsuit is an action in court where the plaintiff attempts to hold the defendant responsible for a loss. A plaintiff can request the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be ordered to pay damages if they are found to be liable.
The first step in the civil court process is to file the complaint. The document contains all the facts and legal reasons for determining the defendant's liability for the plaintiff's losses. The defendant must answer the complaint within a specific amount of time. They can deny all allegations and counter the plaintiff's arguments, or they can ask for the case to be dismissed for lack of legal cause.
In addition, a defendant can choose to settle the case instead of go to trial. A settlement is a voluntary agreement between the parties that brings an end to litigation, but without a determination of the parties' liability in exchange for monetary award.
There are also class action lawsuits, which combine numerous injury claims into one for compensation. This makes for more efficient and cost-effective litigation since many people are pursuing the same claim. This is especially advantageous when the damages are small and the costs of individual litigation would be prohibitive.
What happens when a lawsuit is filed?
In car accident lawsuits the procedure usually starts with a formal complaint, which is filed in the courtroom, and then sent to the defendant. The defendant is given between 20 to 30 days to respond, commonly called an answer. During this time, they may make defenses to your personal injury claim, or make counterclaims against you. They can also engage with discovery. This can include depositions, interrogatories, requests to produce (which could include photos, documents, video, and/or physical proof), 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 responsible. This is a less costly and faster option than going to court. If the insurance company refuses to pay an amount that is fair and you are not satisfied, your Long Island auto accident attorney may decide that they will have to take them to the court.
Generally, the damages you can receive are your documented expenses such as medical bills and property damage. In addition, you can claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies typically reduce the amount that victims are owed when it comes to estimating damages that are not economic. A seasoned lawyer in car accidents can use their extensive experience to ensure that you get fairly compensated for your injuries. auto accident lawsuit cranston is particularly crucial in the event that the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.
What can I expect when I start a lawsuit?
When a car accident victim seeks compensation for their losses and injuries they should be prepared to defend their claim. They must provide proof of their treatment, such as the notes of a doctor and test results along with receipts relating to medical expenses. They'll also need show their damages, such as loss of income as well as property damage, suffering and pain. It is crucial to seek medical attention immediately after a crash, in case of injuries, so that all information is documented and provided to the insurer to prove the loss.
During the process of discovery, your attorney will interview witnesses, experts and more to establish a solid case for you. This may include depositions, in which the person testifies their testimony under oath, and is asked questions by your attorney. This lets both parties hear all accounts, assess the credibility of the evidence and make an assessment of what to do next.
After having reviewed the evidence, the judge or jury will decide which party is responsible for the incident. They will also determine the amount of damages you should be awarded. Depending on the case, it could take from several days to a year. If you are unhappy with the outcome you can appeal to either party. It's expensive and time-consuming for both parties to file an appeal, so it's important to begin preparing your case as soon as you can after the crash.
Why should I engage a lawyer?
When an accident causes injuries, the victim has to pay expensive medical bills and property damage, plus lost wages because they are unable to work. Legal action is often required to get the compensation you need. An attorney for auto accidents will help you determine if filing a lawsuit makes sense in your situation.
The first thing an attorney will do is request your medical records and other evidence in connection with the accident. They will make use of this evidence to paint a picture of the severity and extent of your car accident-related injuries. Witnesses are also interviewed. In certain instances experts like engineers or mechanics could be brought in.
Depending on the facts of the car accident, it could take weeks and months or a year to go through the entire process of suing in court. This is due to a variety of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting dates for trial, and preparations. During this period, memories may fade, witnesses may move away or even die, and evidence can be lost.
An experienced attorney for car accidents will help you understand your legal options during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer all your questions about whether or not to sue and the damages you could be able to recover.