Auto Accident Litigation

Document everything that is in connection with the accident. This includes medical records, photos and evidence of the crash scene such as bills and pay stubs.

Memories fade, witnesses can 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 go to trial.

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 seek financial compensation, or other non-monetary "equitable remedies" from the court. The defendant is required to respond to the complaint.

The complaint is the primary stage of a civil action. The document contains all the facts and legal basis for holding the defendant liable for the plaintiff's losses. The defendant has a set period of time to respond to the complaint. They can deny all allegations and challenge the plaintiff's arguments, or ask for the case to be dismissed for lack of legal reason.

In addition, a defendant may choose to settle the case rather than go to trial. Settlement is an agreement reached between the parties to stop litigation without determining liability for money.

There are also class action lawsuits which combine numerous injuries into one claim for compensation. This results in a more cost-effective and efficient litigation, since multiple individuals are trying to file a claim. This is particularly beneficial when the injuries are relatively small and the expense to pursue the case on its own is prohibitive.

How does a lawsuit proceed?

In car accident lawsuits, the process typically starts with a lawsuit, which is filed with the court and then served on the defendant. The defendant is given between 20-30 days to respond, which is known as an answer. During this time, they could make defenses to your personal injury claim and/or make counterclaims against you. They may also pursue discovery. This could include interrogatories, depositions and requests for evidence (which may include documents, photos, video, and/or physical evidence) and requests for admissions.

You can settle your case outside of court, based on the severity of the injuries you sustained as well as the insurance coverage of the party at fault. This is a cost-effective and quicker alternative than going to court. However, if the insurance company is unable to provide you with a fair amount of money or even a fair amount, your Long Island car accident attorney might choose to take the case to trial.

The damages you can be compensated for are the documented costs like medical bills and property damage. You can also sue for noneconomic damages, such as pain and suffering. Insurance companies are notorious for underestimating damages that are not economic. An experienced car accident lawyer has the experience to ensure that you get adequately compensated for your losses. This is especially crucial if the driver at fault has no insurance or inadequate insurance coverage to cover damages.

What can I expect should I file an action?

When a car accident victim seeks compensation for their losses and injuries They must be prepared to fight for their claim. They'll likely require proof of their treatment, such as doctor's notes and test results, as well the receipts of any medical expenses incurred in connection with the accident. They will also need to prove their losses, such as loss of income as well as property damage, the pain and suffering. It is important to seek medical attention as soon as possible after a collision for any injuries to ensure that all information is documented and provided to the insurer to prove the loss.

During the discovery stage, your attorney will interview witnesses, experts as well as other people to build an evidence-based case for you. Depositions are a common method where the person is required to give their testimony under oath, and is questioned by your attorney. This allows both parties the chance to listen to each other's testimony, assess the strength of the evidence and decide on the best way to proceed.

After examining the evidence after which a jury or judge will determine if the defendant is accountable for the incident and the amount of damages you must be awarded. Based on the particular case, it could take anything from several days to an entire year. If you are unhappy with the result you can appeal to either party. The process can be lengthy and expensive for both parties, so it is important to prepare your case quickly after an accident.

Why should I employ an attorney?

If an accident results in injuries, the victim faces high medical costs and property damage, in addition to lost wages because they are not able to work. Legal action could be necessary in order to receive the compensation you require. An attorney for auto accidents can assist in determining whether it is advisable to file a lawsuit in your particular situation.

The first step of an attorney's job will be to ask for your medical records and any other documents that is related to the crash. This evidence will be used to determine the extent and severity your injuries from a car accident. Interviews with witnesses could be conducted. In some instances, experts like mechanics or engineers might be called in.

It could take weeks, even months to complete the court procedure according to the circumstances of your accident. This is due to a range of factors including negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for court, and trial preparations. During this period, memories may fade, witnesses may move away, or even die, and evidence can be lost.

An experienced car accident attorney will walk you through your legal options during a no-cost consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We can help you answer all your questions about whether or not you should pursue a lawsuit and what damages you may be able to claim.