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Auto Accident Litigation Document everything that is that pertains to your accident This includes medical records and photos of the accident scene as well as 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 during this phase your case will be taken to trial What is a lawsuit A lawsuit is an action brought in court in which the plaintiff seeks to hold the defendant accountable for a loss A plaintiff may seek compensation in the form of monetary damages or any other nonmonetary equitable remedies from the court The defendant is required to respond to the complaint The complaint is the primary step of a civil case The complaint is a document that outlines the facts of the case and lays out the legal grounds for holding the defendant accountable for plaintiffs damages The defendant has a predetermined amount of time to reply to the complaint They can contest the allegations and the arguments of the plaintiff or ask to have the case dismissed due to lack of legal reason A defendant may also decide to settle a matter rather than attempting to resolve it Settlement is an agreement between the parties that brings an end to litigation without a determination of liability in exchange for a financial award There are also class action lawsuits which combine numerous injuries into one claim to recover compensation This makes for more efficient and costeffective litigation as multiple parties are fighting the same case This is particularly beneficial in cases where injuries are not that significant and the costs of individual litigation would be prohibitive How does a lawsuit work 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 between 20 and 30 days to file their response called an answer In this time they can defend against your personal injury claim andor make a counterclaim against you They can also engage with discovery This includes interrogatories written questions and depositions They also can make requests for production which could comprise documents photos videos or physical evidence and requests for admissions Depending on the extent of your injuries and the insurance coverage of the atfault party or coverage you can choose to settle your case outside of court This is a costeffective and quicker option than going to court If the insurance company refuses to pay an amount that is fair your Long Island auto accident attorney may decide to bring them to the court In general you may be able to recover damages for your documented expenses like medical bills and property damages Additionally you are able to claim noneconomic damages such as pain and suffering Insurance companies are notorious for underestimating the cost of noneconomic damages A car accident lawyer with years of experience can guarantee that you are compensated fairly for your losses This is especially crucial in cases where the atfault party has no insurance or insufficient insurance coverage to cover your damages What should I expect if I start an action If a victim of a car collision is seeking compensation for their injuries and losses they should be prepared to pursue their claim They must provide proof of their treatment such as medical notes and test results and receipts relating to medical expenses Theyll also need show their damages such as lost income property damage and pain and suffering It is essential to seek medical attention as soon as possible following a crash to treat any injuries so that all the information can be documented and submitted to the insurance company to prove the loss During the discovery process your attorney will interview witnesses experts and more to create a convincing case on your behalf This may include depositions in which the witness is required to testify under oath and is questioned by your attorney auto accident attorneys sioux city lets both parties review all evidence evaluate the strength of the testimony and then make an informed decision about the best way to proceed After reviewing the evidence the judge or jury will decide which party is responsible for the incident They will also decide the amount of damages that you should be awarded It can take anywhere from a few days and over an entire year based on the circumstances If youre unhappy with the outcome both parties have the option of appealing Appeals can be timeconsuming and costly for both parties so it is important to prepare your case right away following an accident Why should I engage a lawyer If an accident results in injuries the victim faces costly medical bills and property damage in addition to lost wages because they are in a position of no work A lawsuit may be necessary to get the amount of compensation required An attorney for auto accidents can assist you in determining whether a lawsuit would be appropriate in your case The first step of an attorneys job will be to request your medical records as well as other documentation related to the crash They will utilize this evidence to create a picture of extent and severity of your car accidentrelated injuries Witnesses could also be interviewed In some instances experts such as mechanics and engineers may be called in Depending on the facts of your car accident it could take weeks up to months or a year to go through the entire process of litigation in court This is due a number of factors such as negotiations with insurance companies as well as discovery analyzing the evidence from both parties and setting dates for trial aswell with the preparations for a trial In this period memories may fade witnesses may leave or pass away or pass away and evidence can be lost A car accident lawyer will walk you through the legal options that are available to you during a free consultation Contact Bruscato Law today to schedule your appointment in Monroe LA Well be able to answer any questions you have about whether to sue or settle and the amount of damages you can claim
