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Auto Accident Litigation Document everything that is related to the accident This includes medical records and photos of the accident scene and also bills and pay stubs Evidence can vanish witnesses can be killed or relocated and memories can fade If you and the defendant are unable to agree on a solution in the next phase then your case will be heard What is a lawsuit A lawsuit is an action brought in court where the plaintiff tries to hold the defendant responsible for a loss A plaintiff may ask the court for monetary compensation or other nonmonetary equitable relief The defendant must respond to the lawsuit and could be ordered to pay damages if they are held liable auto accident attorneys lorain in the civil process is filing the complaint This document outlines the facts of the case and spells out the legal grounds for holding the defendant accountable for plaintiffs damages The defendant has a predetermined period of time in which they must respond to the complaint They may deny all allegations and counter the plaintiffs arguments or they can demand that the case be dismissed due to lack of legal cause A defendant may also decide to settle a matter rather than attempting to resolve it A settlement is a deal reached between the parties in order to end litigation without determining liability for money There are also class actions which combine multiple injury claims into a single claim for compensation This results in a more costeffective and efficient lawsuit as multiple parties are pursuing a claim This is particularly advantageous when the damages are minor and the cost to litigate individually would be prohibitive What is the procedure for a lawsuit In car accident lawsuits the process typically begins with a formal complaint which is filed in the courtroom and then sent to the defendant The defendant then has between 20 and 30 days to respond called an answer During this time they may present defenses to your personal injury claim or make counterclaims against you They may also pursue discovery This could include interrogatories depositions requests to produce which may include photos documents videos documents andor physical evidence and requests for admissions Depending on the degree of your injuries and the insurance coverage of the person who caused your injuries You may decide to settle your case out of court This is a costeffective and faster alternative to going to court If the insurance company refuses to pay you a fair amount or even a fair amount your Long Island auto accident attorney could decide to have to take them to court In general you can seek damages for the documented costs such as medical bills and property damages You may also sue for damages that are not economic such as pain and suffering Insurance companies are known for underestimating the cost of noneconomic damages A skilled lawyer for car accidents has the experience to ensure you are fairly compensated for your losses This is especially crucial when the driver at fault has no insurance or insufficient insurance coverage to cover your damages What can I expect should I start a lawsuit If a victim of a car crash seeks to recover for their losses or injuries theyll need to be prepared to fight their claim Theyll likely require evidence of their treatment such as doctors notes and test results aswell as receipts for any medical expenses that are related to the accident Theyll have to prove damages including lost wages damages to property discomfort and pain It is important to seek medical attention as soon as possible after a crash in case of injuries so that all the information is documented and provided to the insurance company as proof of loss During the discovery phase your attorney will interview experts witnesses and others to build a solid case for you This could include depositions where the person is required to testify under oath while being confronted by your attorney This allows both parties the opportunity to listen to others stories evaluate the strength of the testimony and decide on which way to proceed After reviewing the evidence the judge or jury will decide which party is responsible for the accident They will also determine the amount of damages you will be awarded Based on the particular case this could take anywhere from a few days to over an entire year If you are unhappy with the outcome you can appeal to either party The process of appealing can be timeconsuming and costly for both parties therefore it is important to begin preparing your case right away following an accident Why should I choose to hire a lawyer If an accident results in injuries the victim will be faced with costly medical bills and property damage plus lost wages from being unable to work Legal action may be needed to get the compensation you require An auto accident attorney can help determine if it is advisable to file a lawsuit for your situation The first step for an attorney will be to request your medical records as well as other documentation in connection with the crash They will make use of this evidence to draw a picture of degree and severity of your car accident injuries Interviews with witnesses could be conducted In certain cases experts such as mechanics or engineers can be consulted It could take weeks even months to complete the court procedure depending on the circumstances of your accident This is due to a variety of factors like negotiations with the insurance company discovery analyzing evidence from both sides setting dates for trial and preparations In this period memories disappear witnesses can move away or die or die and evidence could be lost A lawyer for car accidents will assist you with the legal options that are available to you during a nocost consultation Call 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
