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Auto Accident Litigation The first step is gathering all the documentation related to your accident This includes medical records and photos of the scene as well as pay stubs and bills Evidence may disappear witnesses can disappear or die and memories may fade If you and the defendant are unable to reach an agreement during this time the case will go to trial What is a lawsuit A lawsuit is an action filed in court where the plaintiff tries to hold the defendant responsible for the loss A plaintiff can ask the court for monetary compensation or other nonmonetary equitable relief The defendant must respond to the lawsuit and may be ordered to pay damages if held liable The complaint is the initial step in a civil case The document describes the facts of the case and spells out the legal basis for holding the defendant responsible for the plaintiffs damages The defendant is given a specific period of time to respond to the complaint auto accident lawyer salt lake city may deny all allegations and counter the plaintiffs arguments or they can ask for the case to be dismissed because of a the absence of a legal basis Additionally the defendant has the option to settle the case instead of go to trial A settlement is a deal reached between the parties to end litigation without determining liability in exchange for money There are also class actions which combine multiple injuries into a single claim for compensation This makes for a more costeffective and efficient litigation because multiple people are in the process of pursuing a claim This is especially beneficial when the injuries are relatively minor and the cost to litigate on your own would be prohibitive How do lawsuits function In car accident lawsuits the process generally begins with a complaint which is filed in the court and served to the defendant The defendant has 2030 days to respond also called an answer In this time they can argue defenses against your personal injury claim andor create a counterclaim against you They can also make use of discovery This includes depositions interrogatories requests to produce which may include documents photos videos documents andor physical proof and requests for admissions 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 party at fault This is a less costly and quicker option than going to court If the insurance company refuses to pay the amount you deserve or even a fair amount your Long Island auto accident attorney may decide to bring them to the court In general you may be able to recover damages for the documented costs like medical bills or property damages In addition you can seek compensation for noneconomic damages like pain and suffering Insurance companies are known for underestimating the noneconomic damages A skilled car accident lawyer can draw on their vast experience to ensure that you are fairly compensated for your damages This is particularly important when the driver at fault is not insured or has inadequate insurance coverage to pay for damages What can I expect from a lawsuit If the victim of a car crash seeks compensation for their losses or injuries They will need to be prepared to defend their claim Theyll likely require documentation of their treatment including doctors notes and tests results as well the receipts of any medical expenses related to the accident They will need to prove damages including loss of wages or property damage as well as pain and discomfort It is important to seek medical attention as soon as possible after a collision for any injuries so that all information can be documented and presented to the insurer as proof of loss During the process of discovery your attorney will question witnesses experts and more to build a strong case for you It could also include depositions where the person is required to testify under oath while being questioned by your attorney This lets both parties examine all accounts determine the credibility of the testimony and take the decision on how to proceed After reviewing the evidence the judge or jury will decide if the defendant is accountable for the accident and determine the amount of damages you should be awarded The process can take anywhere from just a few days to one year depending on the case If you are unhappy with the result the parties can appeal Appeal hearings can be long and costly for both parties which is why it is crucial to plan your case as soon as possible after an accident Why should I employ an attorney If an accident results in injuries the victim will have to pay for medical bills that are costly and also property damage and lost wages due to being unable work Legal action is often required in order to receive the compensation you require An auto accident attorney can assist you in determining if it is advisable to file a lawsuit in your case The first step of an attorneys job will be to ask for your medical records and any other documents related to the accident This evidence will be used to determine the severity and extent of the injuries you sustained in a vehicle accident Interviews with witnesses could also take place In certain instances experts like mechanics or engineers can be brought to testify It could take weeks or months to complete the court process according to the circumstances of your accident This is due to a variety of factors such as negotiations with insurance companies as well as discovery analyzing the evidence from both parties setting dates for court as well in the preparations for trial In this period memories may disappear witnesses can disappear or die and evidence may be lost A lawyer for car accidents will guide you through the legal options that are available to you during an initial consultation for free Contact Bruscato Law today to schedule your appointment in Monroe LA We can help you answer all your questions about whether or not you should pursue a lawsuit and the damages you could be able to recover
