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Auto Accident Litigation Collect all the documentation related to your accident This includes medical records and photographs of the scene of the accident and also pay stubs and bills Evidence can disappear witnesses may be killed or relocated and memories may fade If you and the defendant fail to reach a consensus in the next phase then your case will be heard What is a lawsuit A lawsuit is a legal action brought in a court of law where the plaintiff seeks to hold the defendant accountable for a loss A plaintiff may request the court for financial compensation or other nonmonetary equitable relief The defendant must respond to the complaint and may be ordered to pay damages if they are found liable The first step in a civil lawsuit is to file the complaint This document provides all the facts and legal reasons for holding the defendant liable for the plaintiffs losses The defendant must respond to the complaint within a predetermined time frame They can deny any allegations and counter the plaintiffs arguments or they can request that the case be dismissed due to lack of legal reason In addition a defendant can choose to settle the case rather than go to trial Settlement is an agreement between the parties that puts an end to litigation but without a 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 makes for a more efficient and costeffective litigation because multiple people are seeking compensation This is especially beneficial when injuries are comparatively small and the cost of individual litigation would be prohibitive How does a lawsuit proceed In car accident lawsuits the procedure usually starts with a formal complaint that is filed in the courtroom and then sent to the defendant The defendant is then given between 20 and 30 days to respond or answer During this time they can defend against your personal injury claim andor file a counterclaim against you They can also engage in discovery This could include interrogatories written questions depositions depositions requests for production which could include videos documents photos or even physical evidence and requests for admissions Depending on the degree of your injuries and the insurance coverage of the person who caused your injuries depending on the severity of your injuries you could choose to settle your case out of court This is a cheaper and faster option than going to court If the insurance company refuses to pay a fair amount your Long Island auto accident attorney could decide to take them to the court In general you can recover damages for the costs you have documented like medical bills and property damage In addition you can sue for noneconomic damages like pain and suffering Insurance companies are known for underestimating the cost of noneconomic damages An experienced car accident lawyer will use their vast experience to ensure that you are fairly compensated for your damages This is particularly important when the person at fault does not have insurance or lacks insurance coverage to cover damages What can I expect when I decide to file a lawsuit When a victim of a car accident seeks compensation for their losses or injuries theyll need to be prepared to defend their claim They will have to provide documentation of their treatment including doctors notes and test results as well as receipts related to medical expenses Theyll have to prove damages such as loss of wages as well as property damage discomfort and pain This is the reason its essential to get medical attention for any injury immediately following a crash so that all the information is documented and provided to the insurance company to prove of loss During the discovery stage during the discovery phase your attorney will interview experts witnesses and other witnesses to construct a strong case for you This may include depositions in which the person testifies their testimony under oath and is asked questions by your attorney This lets both parties listen to all the accounts evaluate the credibility of the testimony and then make a decision on what to do next After review of the evidence a judge or jury will decide whether the defendant was accountable for the incident They will also determine the amount of damages you will be awarded Based on the particular case it could take from a few days to over a year If you are unhappy with the outcome either party can appeal Appeal hearings can be long and costly for both parties so it is important to begin preparing your case quickly after a crash Why should I engage an attorney If an accident results in injuries the victim will need to pay high medical bills in addition to property damage and lost wages because of being unable to work Legal action may be needed to secure the compensation you require An attorney who handles auto accidents can assist in determining whether filing a lawsuit makes sense in your case The first step of an attorneys job will be to request your medical files and other documentation connected to the accident This evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident auto accident attorney rapid city with witnesses could be conducted In some cases experts such as mechanics and engineers may be called in It could take weeks or months to complete the court procedure depending on the circumstances of your accident This is due to a range of factors like negotiations with the insurance company discovery analyzing evidence from both sides setting court dates and trial preparations During this period memories may fade witnesses could move away or even die and evidence could be lost An experienced car accident attorney will help you understand your legal options during a free consultation Contact Bruscato Law today to schedule your appointment in Monroe LA We can answer your questions about whether to settle or sue and the amount of damages you can claim
