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Auto Accident Litigation Collect all the documentation regarding your accident. This includes medical records, photos and evidence of the scene as well as pay stubs, bills and other documents. Evidence can vanish, witnesses may be killed or relocated and memories can fade. If you and the defendant do not reach an agreement in this stage, then your case will be tried. What is a lawsuit? A lawsuit is an action filed in the court where the plaintiff tries to hold the defendant accountable for the loss. A plaintiff may request the court for compensation in cash or other non-monetary “equitable relief.” The defendant must respond to the complaint and could be ordered to pay damages if they are held liable. The complaint is the initial step of a civil case. This document provides all the facts and legal bases for holding the defendant responsible for the plaintiff's losses. The defendant has a predetermined amount 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 legal cause. Additionally the defendant has the option to settle the case instead of go to trial. A settlement is an agreement that is voluntary between parties that brings an end to litigation, but without any determination of the parties' liability in exchange for monetary award. There are also class actions, which combine multiple injury claims into one claim for compensation. This allows for more efficient and cost-effective litigation as multiple parties are fighting the same case. This is particularly advantageous when the damages are small and the expense to pursue the case on its own is prohibitive. How do lawsuits work? In car accident lawsuits the process usually starts with a complaint that is filed in court and then served on the defendant. The defendant has 20-30 days to reply, also known as an answer. During this time, they can defend against your personal injury claim, and/or create a counterclaim against you. They may also conduct discovery. This includes depositions, interrogatories as well as requests to produce (which could include documents, photos video, or physical proof), and requests for admission. You can settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the person who caused the accident. This is less expensive and less time-consuming than going to trial. If the insurance company is unable to give you an adequate amount of money or even a fair amount, your Long Island car accident attorney might choose to take the case to trial. In general, you may be able to recover damages for your documented costs such as medical bills and property damage. Additionally, you can sue for non-economic damages such as pain and suffering. Unfortunately, insurance companies often reduce the amount that victims are owed when it comes to estimating the non-economic damage. A car accident lawyer with extensive experience can guarantee you are compensated fairly for your losses. This is particularly crucial when the driver at fault does not have insurance or lacks insurance coverage to cover damages. What can I expect from a lawsuit? If a victim of a car crash seeks compensation for their losses or injuries, they will need to be prepared to contest their claim. They'll likely require evidence of their treatment, including doctor's notes and tests results, as well as receipts for any medical expenses that are related to the accident. auto accident law firm ventura 'll need to show damages, including lost wages damages to property, pain and discomfort. It is vital to seek medical attention as soon as possible after a collision for any injuries so that all the information can be documented and then presented to the insurer as proof of loss. During the process of discovery Your attorney will interview witnesses, experts and more to build a strong case on your behalf. Depositions are a common method where the person is required to give their testimony under oath and is asked questions by your attorney. This allows both parties to hear all accounts, assess the strength of the testimony and take the decision on what to do next. After review of the evidence, a judge or jury will determine which party is responsible for the accident. They will also determine the amount of damages you should receive. Based on the particular case, this can take anywhere from one or two days to one year. If one party is dissatisfied with the outcome, they are able to appeal the decision. It's costly and time-consuming for both parties to file an appeal therefore it is important to get your case ready as soon as possible after a crash. Why should I employ a lawyer? If an accident results in injuries the victim will need to pay medical bills that can be costly in addition to property damage and lost wages due to being unable work. Taking legal action may be necessary to get the compensation that is required. An attorney for auto accidents can help determine if filing a lawsuit makes sense for your situation. The first thing an attorney will do is ask for your medical records and other documents relating to the accident. They will use this evidence to draw a picture of extent and severity of your car accident-related injuries. Witnesses may also be interviewed. In some instances experts like engineers or mechanics can be called in. Depending on the facts of your car accident depending on the circumstances, it could take weeks or months, or a year to go through the entire process of litigation in the court. This is due to a variety of factors including negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for trial, and preparations. During this time, memories may fade, witnesses may move away or even die, and evidence can be lost. A seasoned attorney for car accidents will explain your legal options in a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can help you answer all your questions about whether or not you should sue and the damages you could be able to recover.