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Auto Accident Litigation
Gather all documentation regarding the accident. This includes medical records, photos of the accident scene as well as bills and pay stubs.
Evidence may disappear witnesses can pass away or disappear, and memories fade. If you and the defendant cannot reach an agreement in this stage the case will go to trial.
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 can ask the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the suit and could be ordered to pay damages if held liable.
The complaint is the primary step in a civil lawsuit. The document contains all the facts and legal basis to hold the defendant accountable for the plaintiff's losses. The defendant has a predetermined amount of time to reply to the complaint. They can argue against the allegations and the arguments of the plaintiff or request that the case be dismissed for lack legal cause.
In addition, a defendant may choose to settle the case instead of going to trial. Settlement is an agreement reached by the parties to end litigation without determining liability in exchange for money.
There are also class actions which combine multiple injury claims into one claim for compensation. This makes for a more efficient and cost-effective lawsuit, as multiple parties are pursuing a claim. This is particularly beneficial when the injuries are relatively small and the expense to pursue the case on its own is prohibitive.
How does a lawsuit work?
In lawsuits involving car accidents, the process typically starts with a lawsuit, that is filed in court and then served on the defendant. The defendant has between 20-30 days to respond, commonly called an answer. During this time they may make defenses against your personal injury claim, and/or make a counterclaim against you. They may also pursue discovery. This includes interrogatories (written questions) as well as depositions, requests for production (which could comprise documents, photos, videos, and/or physical evidence) and requests for admissions.
You may settle your case outside of court based on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is a more cost-effective and quicker option than going to court. If the insurance company refuses to pay an amount you are able to afford or even a fair amount, your Long Island auto accident attorney could decide to go to court.
The damages you are entitled to be compensated for are the documented costs such as medical bills and property damage. In addition, you can sue for noneconomic damages like pain and suffering. Insurance companies are known for underestimating the non-economic damages. A skilled car accident lawyer will use their vast experience to ensure that you get fairly compensated for your losses. This is particularly important if the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.
What do I get from a lawsuit?
If a victim of an accident seeks compensation for their injuries or losses They will need to be prepared to defend their claim. They will need to provide proof of their treatment, such as doctor's notes and test results along with receipts relating to any medical expenses. They will also need to prove their damages such as loss of income as well as property damage, pain and suffering. It is crucial to seek medical attention immediately after a crash, in case of injuries to ensure that all information can be documented and then presented to the insurance company to prove the loss.
During the discovery phase Your attorney will talk to witnesses, experts and other witnesses to construct a solid case for you. This could include depositions where the person is required to testify under oath as they are confronted by your attorney. The parties have the opportunity to listen to other's testimony, assess the strength of the testimony, and decide which way to proceed.
After reviewing the evidence, a judge or jury will determine if the defendant is responsible for the accident and determine the amount of damages you will be awarded. This can take between a few days or an entire year based on the case. If either party is unhappy with the outcome, they can file an appeal. It's expensive and time-consuming for both parties to appeal, so it's important to plan your appeal in the earliest possible time after the crash.
Why should I hire an attorney?
If an accident results in injuries, the victim is faced with high medical costs and property damage, in addition to lost wages as a result of being incapable of working. A lawsuit may be necessary to get the compensation that is required. An auto accident attorney will help you determine if filing a lawsuit makes sense in your case.
The first thing an attorney will do is ask for your medical records and other documentation relating to the accident. This evidence will be used to determine the extent and severity your injuries in a car accident. Witnesses may also be interviewed. In some instances experts such as mechanics and engineers can be brought into.
Based on the circumstances of the car accident, it could take weeks, months, or even one year to complete the entire process of litigation in the court. This is due to a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both parties) and setting court dates, as well being prepared for trial. During this time memories may fade, witnesses can disappear or die, and evidence may be lost.
An experienced car accident attorney will walk you through your legal options during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer your questions about whether to sue or settle, as well as the amount of damages you can claim.
Gather all documentation regarding the accident. This includes medical records, photos of the accident scene as well as bills and pay stubs.
Evidence may disappear witnesses can pass away or disappear, and memories fade. If you and the defendant cannot reach an agreement in this stage the case will go to trial.
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 can ask the court for monetary compensation or other non-monetary "equitable relief." The defendant must respond to the suit and could be ordered to pay damages if held liable.
The complaint is the primary step in a civil lawsuit. The document contains all the facts and legal basis to hold the defendant accountable for the plaintiff's losses. The defendant has a predetermined amount of time to reply to the complaint. They can argue against the allegations and the arguments of the plaintiff or request that the case be dismissed for lack legal cause.
In addition, a defendant may choose to settle the case instead of going to trial. Settlement is an agreement reached by the parties to end litigation without determining liability in exchange for money.
There are also class actions which combine multiple injury claims into one claim for compensation. This makes for a more efficient and cost-effective lawsuit, as multiple parties are pursuing a claim. This is particularly beneficial when the injuries are relatively small and the expense to pursue the case on its own is prohibitive.
How does a lawsuit work?
In lawsuits involving car accidents, the process typically starts with a lawsuit, that is filed in court and then served on the defendant. The defendant has between 20-30 days to respond, commonly called an answer. During this time they may make defenses against your personal injury claim, and/or make a counterclaim against you. They may also pursue discovery. This includes interrogatories (written questions) as well as depositions, requests for production (which could comprise documents, photos, videos, and/or physical evidence) and requests for admissions.
You may settle your case outside of court based on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is a more cost-effective and quicker option than going to court. If the insurance company refuses to pay an amount you are able to afford or even a fair amount, your Long Island auto accident attorney could decide to go to court.
The damages you are entitled to be compensated for are the documented costs such as medical bills and property damage. In addition, you can sue for noneconomic damages like pain and suffering. Insurance companies are known for underestimating the non-economic damages. A skilled car accident lawyer will use their vast experience to ensure that you get fairly compensated for your losses. This is particularly important if the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.
What do I get from a lawsuit?
If a victim of an accident seeks compensation for their injuries or losses They will need to be prepared to defend their claim. They will need to provide proof of their treatment, such as doctor's notes and test results along with receipts relating to any medical expenses. They will also need to prove their damages such as loss of income as well as property damage, pain and suffering. It is crucial to seek medical attention immediately after a crash, in case of injuries to ensure that all information can be documented and then presented to the insurance company to prove the loss.
During the discovery phase Your attorney will talk to witnesses, experts and other witnesses to construct a solid case for you. This could include depositions where the person is required to testify under oath as they are confronted by your attorney. The parties have the opportunity to listen to other's testimony, assess the strength of the testimony, and decide which way to proceed.
After reviewing the evidence, a judge or jury will determine if the defendant is responsible for the accident and determine the amount of damages you will be awarded. This can take between a few days or an entire year based on the case. If either party is unhappy with the outcome, they can file an appeal. It's expensive and time-consuming for both parties to appeal, so it's important to plan your appeal in the earliest possible time after the crash.
Why should I hire an attorney?
If an accident results in injuries, the victim is faced with high medical costs and property damage, in addition to lost wages as a result of being incapable of working. A lawsuit may be necessary to get the compensation that is required. An auto accident attorney will help you determine if filing a lawsuit makes sense in your case.
The first thing an attorney will do is ask for your medical records and other documentation relating to the accident. This evidence will be used to determine the extent and severity your injuries in a car accident. Witnesses may also be interviewed. In some instances experts such as mechanics and engineers can be brought into.
Based on the circumstances of the car accident, it could take weeks, months, or even one year to complete the entire process of litigation in the court. This is due to a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both parties) and setting court dates, as well being prepared for trial. During this time memories may fade, witnesses can disappear or die, and evidence may be lost.
An experienced car accident attorney will walk you through your legal options during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer your questions about whether to sue or settle, as well as the amount of damages you can claim.
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