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Auto Accident Litigation Collect all the documentation in connection with your accident This includes medical records photos and evidence of the scene of the crash including bills and pay stubs Evidence may disappear witnesses can pass away or disappear and memories can fade If you and the defendant are unable to reach an agreement in this stage then your case will be tried What is a lawsuit A lawsuit is a legal proceeding brought in the court of law in which the plaintiff seeks to hold the defendant responsible for a loss A plaintiff can seek monetary compensation or other nonmonetary equitable remedies from the court The defendant will have to respond to the complaint The first step in a civil lawsuit is filing the complaint The document contains all the facts and legal bases for holding the defendant responsible for the plaintiffs losses The defendant must respond to the complaint within a predetermined time frame They may contest the allegations and the arguments of the plaintiff or demand that the case be dismissed for lack legal cause Additionally an accused can decide to settle the case rather than go to trial A settlement is a deal reached between the parties to stop litigation without determining the liability in exchange for money There are also class actions which combine multiple injury claims into a single claim for compensation This allows for a more efficient and costeffective lawsuit as multiple parties are trying to file a claim This is particularly beneficial when the damages are minor and the cost to litigate individually would be prohibitive What happens when a lawsuit is filed In car accident lawsuits the procedure usually starts with a formal complaint which is filed with the court and then delivered to the defendant The defendant then has between 20 and 30 days to file their response called an answer During this time they could raise defenses to your personal injury claim or even make counterclaims against your They may also pursue discovery This could include interrogatories depositions requests to produce which may include documents photos or video proof and requests for admission You may settle your case outside of court based on the severity of the injuries you sustained and the insurance coverage of the party at fault This is cheaper and quicker than pursuing a trial If the insurance company refuses to pay an amount that is fair your Long Island auto accident attorney might decide to take them to the court In general you can seek damages for your documented expenses like medical bills or property damage You may also sue for noneconomic damage such as pain and suffering Unfortunately insurance companies often reduce the amount that victims are owed when they estimate the noneconomic damage A lawyer for car accidents with extensive experience can guarantee you receive fair compensation for your losses This is especially important if the driver at fault is not insured or has inadequate insurance coverage to cover damages What should I expect if I make a claim in an action If a victim of a car accident seeks compensation for their losses or injuries theyll need to be prepared to fight their claim They will have to provide documentation of their treatment including the notes of a doctor and test results as well as receipts related to medical expenses Theyll also need show their damages such as lost income as well as property damage suffering and pain This is why its important to get medical attention for any injuries immediately after a crash making sure that all details are documented and then provided to the insurance company to prove of loss During the discovery process your attorney will interview witnesses experts and others to establish a solid case on your behalf This could include depositions where the person is required to testify under oath and is interrogated by your attorney The parties have the opportunity to listen to others stories evaluate the strength of the testimony and decide the best way to proceed After having reviewed the evidence the judge or jury will determine whether the defendant was accountable for the incident They will also decide the amount of damages you should receive The case will vary but this could take anywhere from just a few days to more than an entire year If you are not satisfied with the result both parties have the option of appealing It can be costly and timeconsuming for both parties to appeal so its crucial to plan your appeal as soon as possible after an accident Why should I choose to hire a lawyer When an accident causes injuries the victim has to pay costly medical bills and property damage plus lost wages from being in a position of no work Legal action may be needed to obtain the compensation you require A lawyer for auto accidents can assist you in determining whether a lawsuit is the right option for your particular situation The first step for an attorney would be to obtain your medical records and other documentation connected to the accident This evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident Witnesses could also be interviewed In some instances experts like mechanics or engineers can be called in It could take weeks even months to complete the court process dependent on the circumstances of your accident This is due to a range of factors that include negotiations with the insurance company and discovery analyzing evidence from both sides and setting the dates for court and trial preparations During auto accident law firm shreveport fade witnesses can go missing or die and evidence may be lost A seasoned attorney for car accidents will explain your legal options during a complimentary consultation Contact Bruscato Law today to schedule your appointment in Monroe LA We can answer your questions about whether or not you should sue and what damages you may be able to claim
