The first step is to collect all documentation pertaining to your accident. This includes medical records, photos of the scene as well as bills and pay stubs.
Memories fade, witnesses can leave or pass away, and evidence can disappear. If you and the Defendant cannot come to an agreement during this phase your case will go to trial.
What is a lawsuit?
A lawsuit is an action filed 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 suit and could be ordered to pay damages if found to be liable.
The first step in a civil lawsuit is filing the complaint. The document contains all the facts and legal reasons for holding the defendant liable for the plaintiff's losses. The defendant must answer the complaint within a specified time frame. They may argue against the allegations and the arguments of the plaintiff, or request that the case is dismissed for lack legal cause.
Additionally an accused can decide to settle the case rather than go to trial. A settlement is an agreement that is voluntary between parties that brings the litigation to an end without a determination of liability in exchange for a cash settlement.
There are also class action lawsuits, which combine a variety of injury claims into a single claim for compensation. This results in a more efficient and cost-effective lawsuit, as multiple parties are pursuing a claim. This is particularly advantageous when injuries are comparatively small and the cost of litigation for each individual would be prohibitive.
What is the procedure for a lawsuit?
In car accident lawsuits, the process usually begins with a formal lawsuit that is filed in court, and then delivered to the defendant. The defendant is given between 20 to 30 days to respond, also called an answer. During this period, they can make defenses to your personal injury claim or even make counterclaims against your. They may also pursue discovery. This could include interrogatories, depositions and requests for evidence (which could include photos, documents, video, and/or physical evidence) and requests for admissions.
Depending on the degree of your injuries and the insurance coverage of the at-fault party depending on the severity of your injuries, you could choose to settle your case out of court. This is a more cost-effective and quicker option than going to court. However, if the insurance company refuses to offer you a fair amount of money and you are not satisfied, your Long Island car accident attorney might choose to take them to trial.
Generally, the damages you are entitled to be compensated for are the documented costs like medical bills and property damage. You may also sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies tend to lower the amount of compensation for victims when it comes to estimating noneconomic damages. A lawyer experienced in car accidents with extensive experience can guarantee you get fair compensation for your damages. This is especially important in the event that the driver who caused the accident does not have insurance or lacks insurance coverage to cover damages.
What can I expect when I file an action?
If a victim of a car auto accident lawyer seeks compensation for their injuries and losses they should be prepared to pursue their claim. They'll likely require proof of their treatment. This could include doctor's notes as well as tests results, as well in receipts for any medical expenses incurred due to the accident. They'll need to prove damages, including loss of wages, property damage, and discomfort and pain. This is why it's important to get medical attention for any injuries within a short time after a crash, so all information is documented and is then provided to the insurance company to prove of loss.
During the discovery phase the attorney will speak with witnesses, experts and other individuals to create a strong case for you. This may include depositions in which the person is required to testify under oath while being confronted by your attorney. This allows both parties the opportunity to listen and discuss each other's testimony, assess the strength of the evidence and decide on the best way to proceed.
After reviewing the evidence and Auto Accident Litigation evidence, a judge or jury will determine whether the defendant is responsible for the accident and determine the amount of damages you should be awarded. This can take between just a few days to an entire year based on the specific case. If one of the parties is unhappy with the outcome, they can appeal. The process can be lengthy and expensive for both parties, so it is crucial to plan your case quickly following an accident.
Why should I choose to hire an attorney?
If an auto accident attorneys results in injuries, the victim has to pay high medical costs and property damage, in addition to lost wages as a result of being not able to work. Legal action may be needed to obtain the compensation you need. An auto accident attorney auto accident case lawyer can assist you in determining whether a lawsuit would be appropriate in your case.
The first thing an attorney will do is ask for your medical records and other documents that pertains to the incident. The evidence will be used to determine the severity and extent of your injuries in a car auto accident claim. Interviews with witnesses may be conducted. In some instances experts such as mechanics or engineers can be consulted.
It could take weeks, even months, to complete the court procedure dependent on the circumstances of your accident. This is due to a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both parties) and setting court dates, as well as trial preparations. During this period, memories may fade, witnesses could move away or even die and evidence may be lost.
A lawyer for car accidents will assist you with the legal options that are available to you during an initial consultation for free. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions regarding whether or not you should sue and the damages you could be able to claim.
