Auto Accident Litigation: The Good, The Bad, And The Ugly
Hunter Lemon asked 11 months ago
The first step is gathering all the documentation related to your accident. This includes medical records, photos of the auto accident attorney scene along with bills and pay stubs.
Memory fades, witnesses could disappear or die, and evidence may disappear. If you and the Defendant do not reach a consensus during this time your case will be taken to trial.
What is a lawsuit?
A lawsuit is a proceeding in the court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff may ask for an amount of money, or other non-monetary “equitable remedies” from the court. The defendant must to respond to the complaint.
The first step in the civil court process is to file the complaint. This document outlines all the facts and legal grounds for determining the defendant’s liability for the plaintiff’s losses. The defendant must answer the complaint within a predetermined period of time. They may argue against the allegations and the arguments of the plaintiff or request that the case be dismissed due to lack of legal basis.
A defendant can also opt to settle the case rather than have it tried. A settlement is an agreement reached between the parties to stop litigation without determining liability for money.
There are also class action lawsuits, which combine many injury claims into one claim for compensation. This allows for a more cost-effective and efficient litigation since many people are seeking compensation. This is especially beneficial when the damages are minor and the cost to litigate each case individually would be prohibitive.
What is the procedure for a lawsuit?
In lawsuits involving car accidents the process generally starts with a lawsuit, which is filed in the court and then served on the defendant. The defendant has 20 to 30 days to respond, also called an answer. During this time, they can argue defenses against your personal injury claim, and/or bring a counterclaim against your. They may also engage in discovery. This could include interrogatories (written questions) and depositions. They also can make requests for production (which could include photographs, documents, videos, and/or physical evidence), and requests for admissions.
Depending on the severity of your injuries and the at-fault party’s insurance coverage depending on the severity of your injuries, you could choose to settle your case outside of court. This is more economical and quicker than pursuing a trial. If the insurance company refuses to pay you the amount you deserve then your Long Island auto accident legal auto accident claim attorney could decide to take them to the court.
In general, you can seek damages for the costs you have documented such as medical bills and property damages. Additionally, you are able to claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies frequently reduce the amount that victims are owed when they estimate the non-economic damage. An experienced car accident lawyer can use their extensive experience to ensure that you get fairly compensated for your losses. This is particularly important when the driver at fault does not have insurance or lacks insurance coverage to cover your damages.
What can I expect from a lawsuit?
If a victim of a car accident seeks compensation for their losses or injuries they must be prepared to contest their claim. They must submit proof of their treatment, such as the notes of a doctor and test results along with receipts relating to medical expenses. They’ll also need show their damages, such as lost income or property damage as well as suffering and pain. This is why it’s crucial to seek medical attention for any injuries immediately following a crash to ensure that all information is recorded and can be provided to the insurance company to prove of loss.
During the discovery phase, your attorney will interview witnesses, experts and other witnesses to construct an argument that is solid for you. This may include depositions in which the person gives their testimony under oath and is questioned by your attorney. The parties are able to examine all accounts, determine the credibility of the evidence and make the decision on the best way to proceed.
After examining the evidence after which a jury or judge will decide if the defendant is responsible for the incident and the amount of compensation you’ll receive. Based on the particular case, it could take from a few days to over a year. If either party is dissatisfied with the outcome, they are able to appeal the decision. It can be expensive and time-consuming for both parties to appeal which is why it’s essential to prepare your case as soon as possible after a crash.
Why should I employ an attorney?
If an auto accident case results in injuries, Auto Accident Litigation the victim has to pay costly medical bills and property damage, as well as lost wages because they are incapable of working. Taking legal action may be required to receive the money needed. An auto accident compensation accident attorney can assist in determining whether the filing of a lawsuit is necessary in your case.
The first step for an attorney would be to ask for your medical records and 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. Witnesses could also be interviewed. In some instances experts such as mechanics and engineers may be called in.
It could take weeks, even months, to complete the court process in the event of your accident. This is due to a range of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides), setting the dates for court and trial preparations. During this period, memories may fade, witnesses could move away, or even die, and evidence could be lost.
A lawyer who handles car accidents will assist you with the legal options that are available to you in the free 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 are entitled to.