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Auto Accident Litigation Gather all documentation in connection with the accident This includes medical records photos and evidence of the scene including bills and pay stubs Memories fade witnesses may go away or die and evidence may disappear If you and the defendant cannot reach a consensus in this stage then your case will be tried What is a lawsuit A lawsuit is a legal action brought in the court of law in which the plaintiff seeks to hold the defendant liable for a loss A plaintiff can seek monetary compensation or other nonmonetary equitable remedies from the court auto accident attorneys orange must to respond to the complaint The first step in a civil lawsuit is to file the complaint The complaint outlines the facts of the matter and lays out the legal foundations for holding the defendant accountable for the plaintiffs damages The defendant has a certain period of time in which they must respond to the complaint They can deny the allegations and counter the arguments of the plaintiff or request that the case be dismissed for lack of legal grounds A defendant may also decide to settle a case rather than have it tried Settlement is an agreement reached between the parties to end litigation without determining liability for money There are also class action lawsuits which combine numerous injuries into one claim for compensation This makes for more efficient and costeffective litigation because multiple people are trying to pursue the same claim This is especially beneficial when the injuries are relatively minor and the cost to pursue the case on its own is prohibitive How does a lawsuit work In car accident lawsuits the process typically begins with a formal lawsuit that is filed with the court and then sent to the defendant The defendant is given between 20 and 30 days to respond which is known as an answer During this time they could present defenses to your personal injury claim andor file counterclaims against you They can also engage in discovery This includes interrogatories depositions requests to produce which could include documents photos or video evidence and requests for admissions Depending on the degree of your injuries and the insurance coverage of the atfault party or coverage you can choose to settle your case out of court This is a costeffective and quicker option than going to court If the insurance company is unwilling to pay you a fair amount of money then your Long Island car accident attorney may decide to take the case to trial Generally speaking the damages you are entitled to receive are your documented expenses such as medical bills and property damage In addition you may sue for noneconomic damages like pain and suffering Unfortunately insurance companies often lower the amount of compensation for victims when estimating the noneconomic damage A seasoned lawyer in car accidents has the experience to ensure that you receive fairly compensated for your losses This is especially crucial in the event that the driver who caused the accident has no insurance or inadequate insurance coverage that covers damages What can I expect from a lawsuit If a person who has been injured in a car accident seeks compensation for their losses or injuries They will need to be prepared to fight their claim They must provide proof of their treatment such as doctors notes and results from tests and receipts relating to any medical expenses Theyll have to prove damages including lost wages property damage and pain and discomfort This is why its crucial to seek medical attention for any injury within a short time after a crash so all information is documented and then provided to the insurance company to prove of loss During the discovery stage during the discovery phase your attorney will interview experts witnesses and others to build a strong case for you This could include depositions in which the person gives their testimony under oath and is questioned by your attorney The parties have the opportunity to hear each others stories evaluate the credibility of the testimony and decide on which way to proceed After review of the evidence a judge or jury will determine whether the defendant was accountable for the accident They will also decide the amount of damages that you are entitled to The process can take anywhere from several days and an entire year based on the specific case If one party is dissatisfied with the outcome they may appeal It can be expensive and timeconsuming for both parties to file an appeal so its crucial to get your case ready in the earliest possible time after an accident Why should I employ an attorney If an accident results in injuries the victim is required to pay high medical bills along with the cost of property damage and lost wages because of being unable to work Legal action may be needed to secure the compensation you need An attorney in auto accidents can assist in determining whether filing a lawsuit makes sense in your particular situation The first thing an attorney will do is ask for your medical records as well as other documents relating to the accident This evidence will be used to determine the extent and severity your injuries from a car accident Interviews with witnesses may be conducted In some instances experts like mechanics or engineers can be brought into Depending on the facts of your car accident depending on the circumstances it could take weeks months or even an entire year to complete the entire process of litigation in the court This is due to a variety of factors including negotiations with insurance companies and discovery analyzing the evidence of both sides and setting court dates as well with the preparations for a trial In this period memories can fade witnesses could move away or die or die and evidence could be lost A lawyer for car accidents will walk you through the legal options available to you during a nocost consultation Contact Bruscato Law today to schedule your appointment in Monroe LA We can help you answer all your questions regarding whether or not to sue and what damages you might be able to recover
