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Auto Accident Litigation The first step is to collect all documentation pertaining to your accident. This includes medical records and photographs of the scene of the accident, as well as pay stubs and bills. Evidence may disappear witnesses can disappear or die, and memories fade. If you and the defendant do not come to an agreement during this stage, then your case will be tried. What is a lawsuit? A lawsuit is an action in court where the plaintiff attempts to hold the defendant accountable for the loss. A plaintiff may ask for monetary compensation, or other non-monetary “equitable remedies” from the court. The defendant is required to respond to the complaint. The complaint is the primary step in a civil case. This document provides all the facts and legal bases for holding the defendant liable for the plaintiff's losses. The defendant has a set amount of time to respond to the complaint. They can argue against the allegations and the arguments of the plaintiff, or demand that the case be dismissed for lack of legal grounds. A defendant may also decide to settle a case instead than having it tried. A settlement is an agreement that is voluntary between parties that brings the litigation to an end without a determination of responsibility in exchange for financial award. There are also class actions which combine multiple injuries into one claim for compensation. This allows for more efficient and cost-effective litigation since multiple individuals are fighting the same case. This is particularly beneficial when the injuries are relatively small and the cost of individual litigation could be prohibitive. How does a lawsuit proceed? In lawsuits involving car accidents, the procedure usually begins with a formal complaint, which is filed in court, and then sent to the defendant. The defendant has between 20 and 30 days to respond, known as an answer. During this time they may raise defenses against your personal injury claim and/or make a counterclaim against you. They may also use discovery. This can include depositions, interrogatories, requests to produce (which may include photos, documents videos, documents, and/or physical proof), and requests for admissions. Based on the extent of your injuries and the insurance coverage of the person who caused your injuries, you may choose to settle your case outside of court. This is a cost-effective and faster alternative to going to court. If the insurance company refuses to pay an amount that is fair then your Long Island auto accident attorney may decide that they will have to take them to the court. In general, you can recover damages for the costs you have documented like medical bills and property damages. Additionally, you are able to claim non-economic damages, such as pain and suffering. Insurance companies are known for underestimating noneconomic damages. A seasoned lawyer in car accidents has the experience to ensure that you receive fairly compensated for your damages. This is particularly crucial in the event that the at-fault driver is not insured or has inadequate insurance coverage to cover your damages. What can I expect when I decide to file an action? When a victim of an accident seeks compensation for their losses or injuries They will need to be prepared to defend their claim. They'll likely require proof of their treatment. This could include doctors' notes and test results, as well with receipts for any medical expenses related to the accident. They will need to prove damages, such as lost wages damages to property, discomfort and pain. This is why it's vital to seek medical attention for any injury immediately following a crash making sure that all details are documented and then presented to the insurance company as proof of loss. During the discovery phase, your attorney will interview witnesses, experts and other individuals to create an evidence-based case for you. This may include depositions, where the witness gives their testimony under oath, and is asked questions by your attorney. The parties are able to listen to all the accounts, evaluate the strength of the testimony and take an informed decision about what to do next. After reviewing the evidence and evidence, a judge or jury will determine if the defendant is responsible for the accident and the amount of damages you must be awarded. This can take between a few days or a year depending on the specific case. If you're not satisfied with the outcome the parties can appeal. It's costly and time-consuming for both parties to file an appeal which is why it's essential to plan your appeal as soon as you can after an accident. Why should I engage an attorney? When an accident causes injuries, the victim faces high medical costs and property damage, as well as lost wages as a result of being not able to work. Legal action could be required to receive the money needed. An attorney who handles auto accidents will help you determine if the filing of a lawsuit is appropriate in your case. An attorney's first step will be to request your medical records and other documentation related to the crash. auto accident law firm redwood city will be used to determine the extent and severity of your injuries in a car accident. Interviews with witnesses can also take place. In some cases experts like mechanics or engineers may be called to testify. It could take weeks, or months to complete the court procedure dependent 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 dates for court, and trial preparations. During this time memories can fade, witnesses may go missing or die, and evidence may be lost. A car accident lawyer will guide you through the legal options available to you during a free 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 may be able to claim.