Auto Accident Litigation
Document everything that is regarding the accident. This includes medical records, photos of the accident scene as well as pay stubs and bills.
Memories fade, witnesses can move away or die and evidence may disappear. If you and the defendant cannot agree on a solution in the next phase, then your case will be tried.
What is a lawsuit?
A lawsuit is a legal proceeding brought in an administrative court where the plaintiff seeks to hold the defendant accountable for any loss. A plaintiff may ask the court for monetary compensation or other non-monetary "equitable relief." The defendant must answer to the complaint and may be forced to pay damages if they are found to be responsible.
The first step in a civil lawsuit is to file the complaint. The complaint outlines all facts and legal bases for holding the defendant responsible for the plaintiff's losses. The defendant has a set amount of time to reply to the complaint. They can contest the allegations and the arguments of the plaintiff or request that the case is dismissed due to lack of legal basis.
In addition, a defendant can choose to settle the case rather than go to trial. Settlement is a voluntary agreement between the parties that brings an end to litigation without a determination of the parties' liability in exchange for monetary award.
There are also class action lawsuits which combine a variety of injury claims into a single claim to recover compensation. This makes for more efficient and cost-effective litigation since multiple individuals are fighting the same case. This is especially beneficial when injuries are comparatively small and the costs of individual litigation would be prohibitive.
How do lawsuits function?
In lawsuits involving car accidents the process typically begins with a complaint, which is filed with the court and then served on the defendant. The defendant is given between 20-30 days to reply, also called an answer. During this time, they may make defenses to your personal injury claim or make counterclaims against you. They may also be involved in discovery. This can include depositions, interrogatories as well as requests to produce (which could include photos, documents or video evidence), and requests for admission.
You may settle your case outside of court depending on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is a cheaper and quicker option than going to court. If the insurance company refuses to pay an amount that is fair or even a fair amount, your Long Island auto accident attorney may decide that they will bring them to court.
The damages you can recover include your documented costs like medical bills and property damage. You can also sue for non-economic damages, such as pain and suffering. Unfortunately, insurance companies typically lowball victims when it comes to estimating non-economic damages. A lawyer who has years of experience can guarantee that you receive fair compensation for your damages. This is especially crucial when the driver at fault is not insured or has inadequate insurance coverage to pay for your damages.
What can I expect from a lawsuit?
If auto accident lawsuit tracy who has been injured in a car accident seeks compensation for their injuries or losses, they will need to be prepared to contest their claim. They must provide proof of their treatment, such as doctor's notes and test results as well as receipts related to any medical expenses. They will also need to prove their damages, including lost income as well as property damage, suffering and pain. This is why it's crucial to get medical attention for any injuries immediately after a crash making sure that all details are documented and can be provided to the insurance company as proof of loss.
During the discovery process the attorney will speak with witnesses, experts and others to establish a solid case on your behalf. It could also include depositions where the witness is required to testify under oath as they are questioned by your attorney. The parties are able to examine all accounts, determine the strength of the evidence and make an informed decision about the best way to proceed.
After looking over the evidence, the judge or jury will determine which party is responsible for the accident. They will also decide the amount of damages you will be awarded. The case will vary, but it could take anything from just a few days to more than a year. If either party is unhappy with the outcome, they are able to file an appeal. It's costly and time-consuming for both parties to appeal therefore it is important to plan your appeal as soon as possible after a crash.
Why should I choose to hire an attorney?
If an accident causes injuries, the victim will have to pay expensive medical bills, as well as loss of wages and property damage because of being unable to work. Legal action could be necessary to get the compensation that is required. An auto accident attorney will help you determine if the filing of a lawsuit is appropriate in your situation.
The first thing an attorney will do is request your medical records and other documents related to the accident. This evidence will be used to determine the extent and severity of your injuries in a car accident. Witnesses could also be interviewed. In some cases experts such as mechanics or engineers might be called into.
Based on the circumstances of your car accident depending on the circumstances of your car accident, it could take weeks and months or the whole year to complete the entire process of litigation in the court. This is due to a variety of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. In this period memories may fade, witnesses could move away or die, and evidence may be lost.
A lawyer for car accidents will assist you with the legal options available to you during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer all your questions regarding whether or not to sue and what damages you may be able to claim.