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Auto Accident Litigation Document everything that is related to the accident. This includes medical records, photos of the scene along with pay stubs and bills. Memory fades, witnesses could leave or pass away, and evidence may disappear. If you and the defendant do not agree on a solution in the next phase, then your case will be tried. What is a lawsuit? A lawsuit is an action brought in court where the plaintiff attempts to hold the defendant responsible for a loss. A plaintiff can ask the court for compensation in cash or other non-monetary “equitable relief.” auto accident attorney whittier must respond to the lawsuit and could be ordered to pay damages if found to be responsible. The complaint is the initial step in a civil case. The complaint is a document that outlines the facts of the matter and lays out the legal foundations for holding the defendant responsible for the plaintiff's damages. The defendant has a certain period of time to respond to the complaint. They may deny the allegations and counter the arguments of the plaintiff or ask to have the case dismissed for lack of legal grounds. A defendant may also decide to settle a case rather than have it tried. Settlement is an agreement that is voluntary between parties that brings the litigation to an end without a determination of the liability in exchange for a monetary award. There are also class action lawsuits which combine many injury claims into a single claim for compensation. This results in a more efficient and cost-effective lawsuit, as multiple parties are seeking compensation. This is especially beneficial in cases where injuries are not that significant and the cost of litigation for each individual would be prohibitive. How do lawsuits work? In car accident lawsuits the process usually starts with a lawsuit, which is filed in the court and then served on the defendant. The defendant is given between 20-30 days to respond, also known as an answer. During this period, they can argue against your personal injury claim or even make counterclaims against your. They may also use discovery. This could include interrogatories (written questions) depositions, depositions, requests for production (which could include documents, photos, videos, 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 who was at fault. This is more economical and quicker than going to trial. If the insurance company refuses to pay you a fair amount then your Long Island auto accident attorney could decide to have to take them to court. In general, you may be able to recover damages for the documented costs like medical bills or property damage. Additionally, you can seek compensation for noneconomic damages like pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when estimating damages that are not economic. A skilled lawyer for car accidents can use their extensive experience to ensure that you receive 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 do I get from a lawsuit? 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 documentation of their treatment, including doctor's notes as well as tests results, as well the receipts of any medical expenses incurred due to the accident. They'll need to show damages, including loss of wages or property damage, as well as discomfort and pain. It is essential to seek medical attention right away after a crash, in case of injuries to ensure that all information can be documented and then presented to the insurance company as proof of loss. During the discovery stage the attorney will speak with witnesses, experts and other individuals to create an argument that is solid for you. This could include depositions, in which the person gives their testimony under oath and is questioned by your attorney. This allows both parties to examine all accounts, determine the credibility of the testimony, and then make the decision on what to do next. After looking over the evidence, the judge or jury will decide whether the defendant was accountable for the accident. They will also determine the amount of damages you should be awarded. The process can take anywhere from a few days and over one year based on the case. If either party is unhappy with the outcome, they may appeal the decision. It's expensive and time-consuming for both parties to file an appeal so it's crucial to prepare your case immediately following the crash. Why should I employ a lawyer? If an accident results in injuries the victim will need to pay for medical bills that are costly along with damages to property and lost wages because of being unable to work. Legal action might be required in order to receive the compensation you need. An auto accident attorney can assist in determining whether the filing of a lawsuit is appropriate in your situation. The first thing an attorney will do is request your medical records and other documentation in connection with the accident. They will use this evidence to paint a picture of the degree and severity of your injuries sustained in a car accident. Witnesses could also be interviewed. In some instances, experts such as engineers or mechanics can be called in. Depending on the facts of your car accident depending on the circumstances of your car accident, it could take weeks, months, or even one year to complete the entire process of suing in court. This is due a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both parties) and setting dates for court, as well in the preparations for trial. In this time, the memories can fade, witnesses might move away or even die and evidence could be lost. An experienced car accident attorney will walk you through your legal options during a complimentary consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer all your questions regarding whether or not you should pursue a lawsuit and what damages you might be able to claim.