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Auto Accident Litigation The first step is gathering all the documentation related to your accident. This includes medical records, images of the scene and also pay stubs and bills. Memories fade, witnesses might disappear or die, and evidence may disappear. If you and the defendant do not agree on a solution in this stage, your case will be heard. What is a lawsuit? A lawsuit is a legal action filed in a court of law, where the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff can ask the court for monetary compensation or other non-monetary “equitable relief.” The defendant must respond to the lawsuit and could be ordered to pay damages if they are found to be responsible. The complaint is the primary step in a civil lawsuit. This document outlines the facts of the case and lays out the legal basis for holding the defendant accountable for the plaintiff's damages. The defendant has a certain period of time to respond to the complaint. They may contest the allegations and the arguments of the plaintiff, or demand that the case be dismissed for lack of legal grounds. A defendant may also choose to settle a matter rather than having it tried. Settlement is an agreement made between parties that brings an end to litigation without a determination of the parties' liability in exchange for cash settlement. There are also class actions, which combine multiple injury claims into one claim for compensation. This makes for more cost-effective and efficient litigation because multiple people are fighting the same case. This is especially advantageous when the injuries are relatively small and the cost to litigate each case individually would be prohibitive. How do lawsuits function? In car accident lawsuits the process typically starts with a formal lawsuit that is filed with the court and then served to the defendant. The defendant has between 20 to 30 days to respond, commonly called an answer. During this time, they can defend against your personal injury claim, and/or file a counterclaim against you. They may also be involved in discovery. This includes interrogatories (written questions) as well as depositions, requests for production (which could include videos, documents, photos or physical evidence), and requests for admissions. You can settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the person who caused the accident. This is more cost effective and less time-consuming than pursuing a trial. If the insurance company refuses to pay a fair amount then your Long Island auto accident attorney could decide to bring them to the court. In general, you can recover damages for your documented expenses like medical bills and property damage. You may also sue for non-economic damages that you suffer from, like pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when estimating the non-economic damage. A lawyer experienced in car accidents with years of experience can guarantee that you get fair compensation for your damages. This is especially crucial when the driver at fault does not have insurance or has inadequate insurance coverage to pay for damages. What do I get from a lawsuit? If a victim of a car collision is seeking compensation for their injuries and losses they have to be prepared to pursue their claim. They will likely need documentation of their treatment, such as doctor's notes and test results, as well in receipts for any medical expenses incurred due to the accident. They'll also need prove their damages such as loss of income, property damage and pain and suffering. This is the reason it's essential to seek medical attention for any injury within a short time after a crash, so that all the information is documented and then provided to the insurance company to prove of loss. During the process of discovery your attorney will question witnesses, experts and others to create a convincing case for you. Depositions are a common method where the witness gives their testimony under oath, and is questioned by your attorney. This allows both parties the opportunity to hear each other's stories, evaluate the strength of the evidence and decide on what to do next. After examining the evidence the judge or jury will decide if the defendant is accountable for the accident and the amount of damages you must be awarded. The case will vary, but it could take from a few days to over an entire year. If you are unhappy with the result the parties can appeal. auto accident law firm bloomington and time-consuming for both parties to file an appeal so it's crucial to begin preparing your case in the earliest possible time after the crash. Why should I employ an attorney? When an accident causes injuries, the victim will be faced with high medical costs and property damage, not to mention lost wages because they are in a position of no work. Taking legal action may be essential to secure the amount of compensation required. A lawyer for auto accidents can help you determine whether a lawsuit is the right option for your particular situation. The first thing an attorney will do is request your medical records and other evidence 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 certain instances, experts such as engineers or mechanics could be called in. Depending on the facts of your car accident depending on the circumstances 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 to a variety of factors, including negotiations with insurance companies, discovery (analyzing the evidence from both sides) and establishing dates for trial, as well in the preparations for trial. During this time memories can fade, witnesses can leave or pass away, and evidence may be lost. A lawyer for car accidents will help you understand the legal options that are available to you in the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer your questions regarding whether you should either settle or pursue a lawsuit, as well as the amount of damages you can claim.