Auto Accident Litigation
Collect all the documentation regarding the accident. This includes medical records, photographs of the scene of the accident as well as pay stubs and bills.
Memory fades, witnesses could go away or die, and evidence could disappear. If you and the defendant cannot come to an agreement during this phase the case will go to trial.
What is a lawsuit?
A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant responsible for the loss. A plaintiff can ask the court for compensation in cash or other non-monetary "equitable relief." The defendant must respond to the suit and may be ordered to pay damages if found to be liable.
The complaint is the primary step in a civil lawsuit. This document provides all the facts and legal bases for determining the defendant's liability for the plaintiff's losses. The defendant must respond to the complaint within a certain time frame. They can deny all allegations and challenge the plaintiff's arguments, or they can ask for the case to be dismissed because of a insufficient legal grounds.
In addition the defendant has the option to settle the case rather than go to trial. A settlement is a deal reached by the parties to end litigation without determining liability for money.
There are also class action lawsuits which combine many injury claims into one for compensation. This makes for a more cost-effective and efficient litigation since many people are in the process of pursuing a claim. This is especially advantageous when the damages are small and the expense to litigate each case individually would be prohibitive.
What happens when a lawsuit is filed?
In car accident lawsuits, the process typically starts with a complaint which is filed with the court and then served on the defendant. auto accident lawyer st george has between 20 and 30 days to file their response or answer. During this period, they can raise defenses to your personal injury claim or make counterclaims against you. They may also pursue discovery. This could include interrogatories (written questions), depositions, requests for production (which could comprise videos, documents, photos or physical evidence) 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 who was at fault. This is less expensive and less time-consuming than pursuing a trial. If the insurance company refuses to pay a fair amount or even a fair amount, your Long Island auto accident attorney might decide to bring them to the court.
Generally, the damages you can recover include your documented costs such as medical bills and property damage. In addition, you can sue for non-economic damages such as pain and suffering. Insurance companies are known for underestimating noneconomic damages. A skilled lawyer for car accidents can use their extensive experience to ensure that you are fairly compensated for your losses. This is especially important in cases where the at-fault party does not have insurance or lacks insurance coverage to cover your damages.
What can I expect should I start an action?
If a victim of an accident seeks compensation for their losses or injuries they must be prepared to defend their claim. They will need to provide evidence of their treatment, including the notes of a doctor and test results along with receipts relating to any medical expenses. They'll have to prove damages, such as loss of wages as well as property damage, pain and discomfort. It is vital to seek medical attention immediately after a crash, in case of injuries, so that all information can be documented and presented to the insurance company as proof of loss.
During the discovery process your attorney will question witnesses, experts and others to build a strong case for you. This may include depositions in which the person gives their testimony under oath and is asked questions by your attorney. The parties are able to examine all accounts, determine the strength of the testimony and make the decision on the best way to proceed.
After reviewing the evidence, the judge or jury will decide which party is responsible for the incident. They will also decide the amount of damages that you are entitled to. Based on the particular case, it could take anything from just a few days to more than one year. If you're not satisfied with the outcome you can appeal to either party. Appeal hearings can be long and expensive for both parties, which is why it is crucial to plan your case quickly following a crash.
Why should I choose to hire a lawyer?
If an accident results in injuries, the victim is faced with expensive medical bills and property damage, as well as lost wages as a result of being in a position of no work. A lawsuit may be necessary to get the amount of compensation required. An auto accident attorney will help you determine if filing a lawsuit makes sense for your situation.
The first thing an attorney will do is request your medical records and other evidence in connection with 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 certain instances, experts like mechanics or engineers might be called into.
It could take weeks, or months to complete the court process according to the circumstances of your accident. This is due to a variety of factors, including negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. During this period, memories may fade, witnesses may move away or even die and evidence may be lost.
A lawyer for car accidents will guide you through the legal options that are available to you in an initial consultation for free. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll be able to answer any questions you have regarding whether you should sue or settle, as well as what damages you can recover.