Auto Accident Litigation
The first step is gathering all the documentation related to your accident. This includes medical records, photos and evidence of the scene such as bills and pay stubs.
Evidence can disappear, witnesses may pass away or disappear and memories can fade. If you and the Defendant cannot reach an agreement in this stage, your case will go to trial.
What is a lawsuit?
A lawsuit is a legal action filed in an administrative court where the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff may request the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be forced to pay damages if they are found liable.
The complaint is the first step in a civil lawsuit. This document provides all the facts and legal grounds for holding the defendant liable for the plaintiff's losses. The defendant must answer the complaint within a specified amount of time. They can challenge the allegations and 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 attempting to resolve it. Settlement is an agreement reached by the parties to end litigation without determining liability in exchange for money.
There are also class actions which combine multiple injuries into a single claim for compensation. This makes for a more cost-effective and efficient litigation since many people are seeking compensation. This is especially beneficial when the injuries are relatively small and the cost to litigate on your own would be prohibitive.
What happens when a lawsuit is filed?
In lawsuits involving car accidents the process generally begins 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 called an answer. During this period, they may argue against your personal injury claim, and/or file counterclaims against you. They may also be involved in discovery. This could include interrogatories (written questions), depositions, requests for production (which could include documents, photos, videos or even physical evidence) and requests for admissions.
Based on the extent of your injuries and the at-fault party's insurance coverage or coverage, you can choose to settle your case outside of court. This is cheaper and quicker than pursuing a trial. However, if the insurance company is not willing to provide you with a fair amount of money, 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 such as medical bills and property damage. You can also sue for noneconomic damages including pain and suffering. Unfortunately, insurance companies typically undervalue victims when estimating noneconomic damages. A lawyer for car accidents with vast experience can make sure that you receive fair compensation for your losses. This is especially important if the driver at fault is not insured or has inadequate insurance coverage that covers damages.
What can I expect when I file a lawsuit?
If a victim of a car collision seeks compensation for their losses and injuries they should be prepared to fight their claim. They will have to provide evidence of their treatment, including the notes of a doctor and test results and receipts relating to any medical expenses. They'll also have to prove their losses, such as lost income, property damage, and the pain and suffering. auto accident attorney akron is essential to seek medical attention immediately after a collision for any injuries to ensure that all information can be documented and then presented to the insurer to prove the loss.
During the process of discovery the attorney will speak with witnesses, experts and more to create a convincing case for you. This may include depositions in which the person gives their testimony under oath, and is asked questions by your attorney. This allows both parties the opportunity to listen to witnesses' accounts, evaluate the strength of the testimony and then decide the best way to proceed.
After reviewing the evidence, a judge or jury will decide if the defendant is accountable for the accident and the amount of damages you will be awarded. It could take a few days or one year based on the specific case. 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 begin preparing your case right away following a crash.
Why should I employ an attorney?
If an accident results in injuries the victim is required to pay expensive medical bills and also damages to property and lost wages due to being unable work. Legal action could be required to receive the compensation that is required. A lawyer for auto accidents can assist you in determining if a lawsuit is appropriate in your case.
The first thing an attorney will do is ask for your medical records and other evidence relating to the accident. This evidence will be used to determine the extent and severity of your injuries from a car accident. Interviews with witnesses may also be conducted. In some instances experts like engineers or mechanics could be called in.
It could take weeks, or months, to complete the court procedure depending on the circumstances of your accident. 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 can fade, witnesses may leave or pass away or pass away, and evidence can be lost.
An experienced car accident attorney will help you understand your legal options during a no-cost consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can help you answer all your questions regarding whether or how to proceed and what damages you may be able to recover.