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Auto Accident Litigation Document everything that is regarding your accident This includes medical records photos of the scene and also bills and pay stubs Memories fade witnesses might leave or pass away and evidence could disappear If you and the Defendant do not reach a consensus in this stage your case will be taken to trial What is a lawsuit A lawsuit is an action in court where the plaintiff tries to hold the defendant accountable for the loss A plaintiff may seek financial compensation or other nonmonetary equitable remedies from the court The defendant must to respond to the complaint The first step in a civil lawsuit is filing the complaint The complaint outlines the facts of the case and spells out the legal basis for holding the defendant accountable for the plaintiffs damages The defendant has a predetermined amount of time to reply to the complaint They can deny all allegations and refute the plaintiffs arguments or demand that the case be dismissed because of a lack of legal cause In addition a defendant may choose to settle the case rather than going to trial A settlement is an agreement that is voluntary between parties that puts an end to litigation without a determination of liability in exchange for a cash settlement There are also class action lawsuits that combine multiple injuries into one claim for compensation This makes for more efficient and costeffective litigation because multiple people are pursuing the same claim This is particularly advantageous when injuries are comparatively small and the cost of individual litigation could be prohibitive How do lawsuits function In car accident lawsuits the process typically begins with a formal complaint that is filed in court and then delivered to the defendant The defendant is then given between 20 and 30 days to file their response known as an answer During this period they may raise defenses to your personal injury claim andor make counterclaims against you They may also conduct discovery This could include interrogatories written questions depositions depositions requests for production which could comprise photographs documents videos andor physical evidence and requests for admissions Based on the extent 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 less expensive and quicker than pursuing a trial If the insurance company is unwilling to provide you with an amount that is reasonable then your Long Island car accident attorney may decide to take the case to trial In general you can seek damages for the costs you have documented like medical bills and property damages You can also sue for noneconomic damages including pain and suffering Unfortunately insurance companies typically undervalue victims when it comes to estimating the noneconomic damage An experienced car accident lawyer has the experience to ensure that you get adequately compensated for your losses This is particularly crucial in the event that the driver who caused the accident has no insurance or inadequate insurance coverage to cover damages What can I expect from a lawsuit If a person who has been injured in a car crash seeks to recover for their injuries or losses they will need to be prepared to contest their claim They will need to provide evidence of their treatment including medical notes and test results along with receipts relating to medical expenses They will also need to prove their losses such as loss of income property damage and pain and suffering It is essential to seek medical attention immediately following a crash to treat any injuries and ensure that all details can be documented and then presented to the insurance company as proof of loss During the discovery stage during the discovery phase your attorney will interview witnesses experts and other individuals to create a strong case for you This could include depositions where the person testifies under oath as they are interrogated by your attorney This gives both parties the opportunity to hear each witnesses accounts evaluate the strength of the testimony and decide on what to do next After examining the evidence after which a jury or judge will determine whether the defendant is accountable for the accident and the amount of compensation youll receive It can take anywhere from a few days and over a year depending on the circumstances If one party is dissatisfied with the outcome they can appeal It can be expensive and timeconsuming for both parties to appeal so its important to get your case ready as soon as possible after a crash Why should I hire an attorney When auto accident attorney westland causes injuries the victim will be faced with costly medical bills and property damage not to mention the loss of wages due to being in a position of no work A lawsuit may be necessary to obtain the amount of compensation required An attorney who handles auto accidents will help you determine if filing a lawsuit makes sense for your situation The first thing an attorney will do is ask for your medical records and other documents that pertains to the incident The evidence will be used to determine the extent and severity of your injuries from a car accident Interviews with witnesses could also take place In some cases experts like mechanics or engineers might be called to testify It could take weeks even months to complete the court process depending on the circumstances of your accident This is due to a variety of factors such as negotiations with insurance companies discovery analyzing the evidence from both parties setting court dates as well being prepared for trial In this time the memories can fade witnesses could move away or even 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 settle or sue and also what damages you could recover
