Auto Accident Litigation
The first step is to collect all documentation pertaining to your accident. This includes medical records and photos of the accident scene and also pay stubs and bills.
Memories fade, witnesses might go away or die, and evidence may disappear. If you and the defendant do not agree on a solution in this phase, then your case will be tried.
What is a lawsuit?
A lawsuit is a legal action filed in the court of law in which the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff may ask the court for compensation in cash or other non-monetary "equitable relief." The defendant must respond to the complaint and may be ordered to pay damages if found to be liable.
The complaint is the primary step of a civil case. This document provides all the facts and legal bases for holding the defendant liable for the plaintiff's losses. The defendant must answer the complaint within a specified time frame. They can deny the allegations and challenge the plaintiff's arguments, or they can demand that the case be dismissed for the absence of a legal basis.
In addition, a defendant can choose to settle the case instead of go to trial. A settlement is an agreement made between parties that puts an end to litigation but without any determination of liability in exchange for a cash settlement.
There are also class action lawsuits that combine multiple injuries into one claim for compensation. This makes for more efficient and cost-effective litigation since many people are seeking compensation for the same issue. This is particularly beneficial when the damages are small and the cost to litigate on your own would be prohibitive.
How do lawsuits function?
In car accident lawsuits the process typically starts with a complaint which is filed with the court and served to the defendant. The Defendant then has between 20 and 30 days to file their response which is known as an answer. In this time, they can make defenses against your personal injury claim and/or make a counterclaim against you. They may also pursue discovery. This can include depositions, interrogatories, requests to produce (which could include documents, photos, video, and/or physical proof) and requests for admission.
Depending on the extent of your injuries and the insurance coverage of the at-fault party or coverage, you can choose to settle your case outside of court. This is a cheaper and quicker option than going to court. However, if the insurance company is unable to provide you with an adequate amount of money and you are not satisfied, your Long Island car accident attorney might choose to take the case to trial.
In general, you can recover damages for the costs you have documented like medical bills or property damage. In addition, you may sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies often lowball victims when they estimate non-economic damages. auto accident attorneys west palm beach experienced in car accidents with vast experience can make sure that you get fair compensation for your losses. This is particularly crucial if the driver at fault is not insured or has inadequate insurance coverage that covers damages.
What can I expect from a lawsuit?
When a victim of a car crash seeks to recover for their injuries or losses they'll need to be prepared to contest their claim. They'll likely require evidence of their treatment, such as medical notes and test results, aswell as receipts for any medical expenses incurred due to the accident. They will also need to prove their damages such as loss of income as well as property damage, the pain and suffering. This is why it's important to get medical attention for any injuries immediately following a crash, so that all the information is documented and is then presented to the insurance company to prove of loss.
During the discovery process the attorney will speak with witnesses, experts and more to establish a solid case for you. This could include depositions where the witness is required to testify under oath, while being interrogated by your attorney. The parties are able to hear all accounts, assess the credibility of the testimony, and then make an assessment of the best way to proceed.
After examining the evidence after which a jury or judge will determine if the defendant is accountable for the accident and determine the amount of compensation you'll be awarded. It can take anywhere from a few days and over an entire year based on the particular case. If you're not satisfied with the result the parties can appeal. The process can be lengthy and costly for both parties, which is why it is important to prepare your case immediately after a crash.
Why should I employ a lawyer?
If an accident results in injuries, the victim is faced with high medical costs and property damage, not to mention the loss of wages due to being not able to work. Legal action may be needed to get the compensation you need. An auto accident lawyer can help you determine if a lawsuit is appropriate for your situation.
The first thing an attorney will do is ask for your medical records and other evidence in connection with the accident. They will use this evidence to create a picture of severity and extent of your car accident injuries. Witnesses could also be interviewed. In some cases experts like mechanics or engineers could be brought into.
It could take weeks, even months to complete the court process according to the circumstances of your accident. This is due to a range of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting dates for trial, and preparations. In this time, the memories may fade, witnesses might move away, or even die, and evidence may be lost.
A lawyer who handles car accidents will assist you with the legal options that are available to you in an initial consultation for free. Contact Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions regarding whether you should decide to settle or sue, as well as the amount of damages you can claim.