Auto Accident Litigation

Gather all documentation related to your accident. This includes medical records, photographs and evidence of the scene of the crash, bills and pay stubs.

Evidence can vanish, witnesses may disappear or die, and memories fade. If you and the defendant do not reach a consensus during this phase your case will be taken to trial.

What is a lawsuit?

A lawsuit is a legal action filed in a court of law, where the plaintiff seeks to hold the defendant liable for a loss. A plaintiff can 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 first step in a civil lawsuit. This document outlines the facts of the matter and lays out the legal basis for holding the defendant accountable for plaintiff's damages. The defendant must respond to the complaint within a specific period of time. They can deny the allegations and counter the plaintiff's arguments, or they can demand that the case be dismissed because of a lack of legal cause.

A defendant may also decide to settle a case rather than have it tried. Settlement is a voluntary agreement between the parties that puts an end to litigation without a determination of the liability in exchange for a financial award.

There are also class action lawsuits, which combine many injury claims into a single claim for compensation. This results in a more cost-effective and efficient litigation since many people are pursuing a claim. This is particularly advantageous when the damages are small and the cost of litigation for each individual would be prohibitive.

How does a lawsuit proceed?

In lawsuits involving car accidents, the process typically begins with a complaint, which is filed in court and served to the defendant. The defendant is given between 20-30 days to respond, also called an answer. During this period, they may raise defenses to your personal injury claim, or make counterclaims against you. They can also make use of discovery. This could include interrogatories (written questions) as well as depositions, requests for production (which could comprise documents, photos, videos or physical evidence) and requests for admission.

Depending on the severity of your injuries and the insurance coverage of the at-fault party, you may choose to settle your case out of court. This is a more cost-effective and faster option than going to court. If the insurance company refuses to pay an amount that is fair then your Long Island auto accident attorney may decide to bring them to the court.

The damages you can receive are your documented expenses such as medical bills and property damage. You can also sue for noneconomic damage including pain and suffering. Insurance companies are known for underestimating the non-economic damages. A car accident lawyer with extensive experience can ensure that you receive fair compensation for your losses. This is particularly crucial when the driver at fault has no insurance or inadequate insurance coverage to cover damages.

What should I expect if I make a claim in a lawsuit?

If a victim of a car collision is seeking compensation for their losses and injuries they have to be prepared to fight their claim. They'll likely require proof of their treatment. This could include medical notes and test results, aswell as receipts for any medical expenses that are related to the accident. They'll need to show damages, including lost wages as well as property damage, pain and discomfort. It 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 as proof of loss.

During the process of discovery the attorney will speak with witnesses, experts and more to establish a solid case on your behalf. This may include depositions in which the witness is required to testify under oath as they are questioned by your attorney. The parties are able to listen to all the accounts, evaluate the credibility of the testimony and make the decision on the best way to proceed.

After looking over the evidence, the judge or jury will determine whether the defendant was responsible for the accident. They will also determine the amount of damages you will be awarded. The process can take anywhere from several days and one year based on the specific case. If you're not satisfied with the result, either party can appeal. Appeals can be time-consuming and expensive for both parties, which is why it is important to prepare your case quickly after an accident.

Why should I hire a lawyer?

If an accident results in injuries, the victim faces high medical costs and property damage, plus lost wages from being incapable of working. Legal action could be necessary to obtain the compensation you require. An attorney for auto accidents can assist you in determining if the filing of a lawsuit is necessary in your particular situation.

The first thing an attorney will do is ask for your medical records and other documents related to the accident. This evidence will be used to determine the severity and extent of your injuries from a car accident. Witnesses can also be interviewed. In certain instances experts such as mechanics or engineers might be called to testify.

Based on the circumstances of the car accident It could take weeks, months, or even an entire year to complete the entire process of litigation in court. This is due to a variety of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting the dates for court and trial preparations. During this time, memories can disappear, witnesses could go away or even die and evidence may be lost.

An experienced car accident attorney will walk you through your legal options during a no-cost consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions about whether to sue or settle and also what damages you could recover.