Auto Accident Litigation
Gather all documentation that pertains to the accident. This includes medical records and photos of the accident scene along with bills and pay stubs.
Memory fades, witnesses could leave or pass away, and evidence could disappear. If you and the Defendant are unable to reach an agreement during this time your case will be taken to trial.
What is a lawsuit?
A lawsuit is a legal proceeding brought in a court of law wherein the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff may seek compensation in the form of monetary damages, or any other non-monetary "equitable remedies" from the court. The defendant has to respond to the complaint.
The first step in the civil process is filing the complaint. The document contains all the facts and legal basis for holding the defendant liable for the plaintiff's losses. The defendant is given a specific period of time in which they must respond to the complaint. They can deny all allegations and challenge the plaintiff's arguments, or ask for the case to be dismissed due to lack of legal cause.
A defendant can also opt to settle a matter rather than have it tried. auto accident lawyer provo is an agreement between the parties that brings an end to litigation, but without any determination of responsibility in exchange for cash settlement.
There are also class action lawsuits which combine a variety of injuries into one claim to recover compensation. This results in a more efficient and cost-effective litigation, since multiple individuals are in the process of pursuing a claim. This is particularly advantageous when injuries are comparatively small and the cost of individual litigation could be prohibitive.
What happens when a lawsuit is filed?
In car accident lawsuits, the process usually begins with a formal complaint, which is filed in court and then delivered to the defendant. The Defendant then has between 20 and 30 days to respond called an answer. During this time, they can raise defenses against your personal injury claim and/or create a counterclaim against you. They may also pursue discovery. This includes interrogatories (written questions), depositions, requests for production (which could include 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 person who caused the accident. This is a cheaper and faster option than going to court. If the insurance company is not willing to provide you with a fair amount of money, your Long Island car accident attorney may decide to take the case to trial.
In general, you can recover damages for the costs you have documented like medical bills and property damage. You can also sue for non-economic damages like pain and suffering. Unfortunately, insurance companies frequently lowball victims when they estimate noneconomic damages. An experienced car accident lawyer will use their vast experience to ensure you are adequately compensated for your losses. This is especially important if the at-fault driver is not insured or has inadequate insurance coverage to cover your losses.
What can I expect from a lawsuit?
When a victim of a car accident seeks compensation for their injuries or losses they'll need to be prepared to contest their claim. They'll likely require evidence of their treatment. This could include doctor's notes as well as test results, aswell in receipts for any medical expenses related to the accident. They will need to prove damages, including lost wages, property damage, and pain and discomfort. It is essential to seek medical attention immediately after a crash, in case of injuries and ensure that all details is documented and provided to the insurance company as proof of loss.
During the discovery process, your attorney will interview witnesses, experts and more to create a convincing case for you. This may include depositions, where the witness gives their testimony under oath and is asked questions by your attorney. The parties have the opportunity to hear each other's accounts, evaluate the strength of the evidence and decide which way to proceed.
After looking over the evidence, the judge or jury will decide whether the defendant is responsible for the accident. They will also determine the amount of damages you should receive. Based on the circumstances, it could take anything from several days to one year. If one party is dissatisfied with the outcome, they can appeal. Appeals can be time-consuming and expensive for both parties, which is why it is important to prepare your case as soon as possible following a crash.
Why should I hire an attorney?
If an accident causes injuries, the victim will have to pay high medical bills, as well as damages to property and lost wages due to being unable work. Taking legal action may be required to receive the money needed. An attorney for auto accidents can help you determine whether a lawsuit is the right option for your situation.
The first thing an attorney will do is request your medical records and other documents in connection with the accident. The evidence will be used to determine the severity and extent of your injuries sustained in a car accident. Witnesses are also interviewed. In some cases experts such as mechanics or engineers can be brought to testify.
It could take weeks, even months to complete the court process according to the circumstances of your accident. This is due a number of factors, including negotiations with insurance companies and discovery (analyzing the evidence of both parties) and setting dates for trial, aswell with the preparations for a trial. During this period, memories may disappear, witnesses could go away or even die, and evidence could be lost.
A lawyer who handles 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'll be able to answer any questions you have about whether to sue or settle, as well as what damages you could recover.
