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Auto Accident Litigation Gather all documentation related to your accident. This includes medical records, photographs and evidence of the scene as well as pay stubs, bills and other documents. Memory fades, witnesses could go away or die, and evidence may vanish. If you and the defendant are unable to agree on a solution in this stage, then your case will be heard. What is a lawsuit? A lawsuit is an action brought in court where the plaintiff attempts to hold the defendant responsible for a loss. A plaintiff can seek monetary compensation, or other non-monetary “equitable remedies” from the court. The defendant has to respond to the complaint. The first step in the civil process is filing the complaint. This document outlines the facts of the case and lays out the legal foundations for holding the defendant accountable for plaintiff's damages. The defendant must answer the complaint within a specified time frame. They can deny the allegations and refute the plaintiff's arguments, or demand that the case be dismissed due to lack of legal cause. In addition the defendant has the option to settle the case instead of going to trial. A settlement is an agreement between the parties that brings an end to litigation, but without any determination of the parties' liability in exchange for cash settlement. There are also class actions, which combine multiple injuries into a single claim for compensation. This allows for more cost-effective and efficient litigation since many people are pursuing the same claim. auto accident attorney layton is especially advantageous when the injuries are relatively small and the cost to pursue the case on its own is prohibitive. What happens when a lawsuit is filed? In car accident lawsuits the process generally starts with a lawsuit, which is filed in court and then served on the defendant. The defendant has between 20 and 30 days to respond, also known as an answer. During this time, they may argue against your personal injury claim and/or file counterclaims against you. They can also make use of discovery. This can include interrogatories (written questions) and depositions. They also can make requests for production (which could comprise videos, documents, photos 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 at fault. This is more economical and faster than pursuing a trial. If the insurance company refuses to pay you an amount that is fair, your Long Island auto accident attorney may decide that they will go to the court. In general, you can claim damages for your documented expenses like medical bills or property damages. You can also sue for noneconomic damage including pain and suffering. Insurance companies are notorious for underestimating noneconomic damages. A seasoned lawyer in car accidents has the experience to ensure you are fairly compensated for your damages. This is especially important when the driver at fault does not have insurance or has insufficient insurance coverage to cover your losses. What can I expect from a lawsuit? When a person who has been injured in a car crash seeks compensation for their losses and injuries, they must be prepared to pursue their claim. They'll likely require documentation of their treatment, such as doctor's notes and tests results, as well in receipts for any medical expenses incurred in connection with the accident. They'll also need prove their damages, including lost income, property damage and suffering and pain. It is important to seek medical attention as soon as possible following a crash to treat any injuries and ensure that all details is documented and provided to the insurance company as proof of loss. During the process of discovery, your attorney will interview witnesses, experts and others to create a convincing case on your behalf. This could include depositions, where the witness gives their testimony under oath, and is asked questions by your attorney. The parties are able to examine all accounts, determine the strength of the testimony, and then make an assessment of what to do next. After looking over the evidence, the judge or jury will determine whether the defendant was responsible for the incident. They will also decide the amount of damages that you should be awarded. Depending on the case, this could take anywhere from a few days to over a year. If you are unhappy with the outcome the parties can appeal. The process of appealing can be time-consuming and expensive for both parties, so it is important to prepare your case immediately after a crash. Why should I employ an attorney? If an accident results in injuries the victim will need to pay medical bills that can be costly, as well as loss of wages and property damage because of being unable to work. Legal action might be required to obtain the compensation you require. An attorney for auto accidents will help you determine if the filing of a lawsuit is appropriate in your case. The first step for an attorney will be to request your medical records as well as other documentation related to the accident. The evidence will be used to determine the extent and severity of your injuries from a car accident. Witnesses could also be interviewed. In some instances experts such as engineers or mechanics could be called in. It could take weeks, or months, to complete the court process in the event of your accident. This is due to a range of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. In this time, memories may fade, witnesses could move away, or even die, and evidence may be lost. An experienced lawyer for car accidents will guide you through your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can help you answer all your questions regarding whether or not you should pursue a lawsuit and the damages you could be able to claim.