Blogs
on June 15, 2024
auto accident law firms Accident Litigation
Document everything that is in connection with the accident. This includes medical records, photographs and evidence of the scene including bills and pay stubs.
Memories fade, witnesses may leave or pass away, and evidence may disappear. If you and the defendant cannot come to an agreement during this time, your case will go to trial.
What is a lawsuit?
A lawsuit is a proceeding in court where the plaintiff attempts to hold the defendant accountable for a loss. A plaintiff can seek compensation in the form of monetary damages, or any other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.
The complaint is the first step in a civil case. The complaint is a document that outlines the facts of the case and spells out the legal basis for holding the defendant accountable for plaintiff's damages. The defendant must answer the complaint within a certain time frame. They can deny the allegations and counter the arguments of the plaintiff, or request that the case be dismissed for lack of legal grounds.
A defendant may also choose to settle a case rather than having it tried. A settlement is an agreement reached by the parties to end litigation without determining the extent of liability in exchange for money.
There are also class action lawsuits that combine multiple injury claims into one for compensation. This makes for more cost-effective and efficient litigation since many people are pursuing the same claim. This is particularly beneficial when the damages are minor and the cost to litigate on your own would be prohibitive.
How does a lawsuit work?
In lawsuits involving car accidents, the process usually starts with a formal complaint that is filed with the court and then served to the defendant. The defendant has 20 to 30 days to respond, commonly called an answer. During this time, they could present defenses to your personal injury claim, or make counterclaims against you. They can also make use of discovery. This can include interrogatories (written questions) and depositions. They also can make requests for production (which could include documents, photos, videos or physical evidence), and requests for admission.
You can 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 more cost-effective and quicker option than going to court. If the insurance company refuses to pay you the amount you deserve or even a fair amount, your Long Island auto accident attorney might decide to take them to court.
In general, you may be able to recover damages for your documented expenses like medical bills and property damage. You may also sue for damages that are not economic like pain and suffering. Unfortunately, insurance companies typically lower the amount of compensation for victims when it comes to estimating noneconomic damages. A skilled lawyer for car accidents has the experience to ensure that you are fairly compensated for your losses. This is particularly important if the at-fault driver has no insurance or insufficient insurance coverage to cover your losses.
What do I get from a lawsuit?
If a victim of a car accident is seeking compensation for their injuries and losses They must be prepared to pursue their claim. They must provide proof of their treatment, such as the notes of a doctor and test results as well as receipts related to any medical expenses. They'll need to prove damages, such as lost wages or property damage, as well as discomfort and pain. This is why it's crucial to seek medical attention for any injuries immediately after a crash making sure that all details are documented and is then provided to the insurance company to prove of loss.
During the discovery process the attorney will speak with witnesses, experts and others to create a convincing case for you. This could include depositions where the person is required to testify under oath while being questioned by your attorney. This gives both parties the opportunity to hear each witnesses' accounts, evaluate the strength of the testimony and decide what to do next.
After reviewing the evidence the judge or jury will determine if the defendant is accountable for the incident and the amount of damages you must receive. It could take a few days and over a year depending on the particular case. If you are not satisfied with the outcome both parties have the option of appealing. It can be costly and time-consuming for both parties to appeal so it's crucial to get your case ready immediately following a crash.
Why should I hire an attorney?
If an accident results in injuries the victim will be required to pay for medical bills that are costly along with property damage and lost wages due to being unable work. Legal action might be required to secure the compensation you need. An auto accident lawyer - just click the next document - can assist you in determining whether a lawsuit is appropriate for your particular situation.
The first step for an attorney would be to ask for your medical records and other documentation related to the crash. This evidence will be used to determine the extent and severity your injuries in a car accident. Interviews with witnesses may also take place. In some cases experts like mechanics or engineers could be brought in.
It could take weeks, or months, to complete the court process in the event of your accident. This is due to a variety of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides), setting the dates for court and trial preparations. In this time, memories can fade, witnesses could move away or even pass away, and evidence could be lost.
An experienced car accident attorney will help you understand your legal options during a complimentary consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can help you answer all your questions regarding whether or how to proceed and what damages you might be able to recover.