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Auto Accident Litigation Gather all documentation regarding your accident This includes medical records photos of the scene as well as bills and pay stubs Evidence can disappear witnesses can disappear or die and memories can fade If you and the defendant cannot come to an agreement during this phase your case will go to trial What is a lawsuit A lawsuit is a legal action brought in a court of law wherein the plaintiff seeks to hold the defendant liable for a loss A plaintiff can seek compensation in the form of monetary damages or any other nonmonetary equitable remedies from the court The defendant will have to respond to the complaint The first step in a civil lawsuit is to file the complaint The document contains all the facts and legal grounds to hold the defendant accountable for the plaintiffs losses The defendant has a predetermined amount of time to respond to the complaint They can deny the allegations and challenge the plaintiffs arguments or they can request that the case be dismissed because of a the absence of a legal basis A defendant can also choose to settle a case instead than attempting to resolve it A settlement is an agreement that is voluntary between parties that puts an end to litigation but without any determination of the parties liability in exchange for cash settlement There are also class action lawsuits which combine numerous injury claims into one for compensation This allows for a more costeffective and efficient lawsuit as multiple parties are trying to file a claim This is especially beneficial when the damages are small and the cost to litigate on your own would be prohibitive How does a lawsuit proceed In lawsuits involving car accidents the process generally starts with a complaint which is filed in the court and then served on the defendant The defendant has between 20 and 30 days to respond or answer In this time they can raise defenses against your personal injury claim andor bring a counterclaim against your auto accident attorney yuma may also conduct discovery This includes depositions interrogatories and requests for evidence which could include documents photos video andor physical evidence and requests for admissions You can settle your case outside of court depending on the severity of the injuries you sustained and the insurance coverage of the party at fault This is a more costeffective and faster alternative to going to court However if the insurance company is unable 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 may be able to recover damages for the costs you have documented like medical bills and property damage In addition you may sue for noneconomic damages like pain and suffering Unfortunately insurance companies typically undervalue victims when it comes to estimating noneconomic damages A skilled lawyer for car accidents can draw on their vast experience to ensure you are fairly compensated for your damages This is particularly crucial when the driver at fault does not have insurance or lacks insurance coverage to cover damages What can I expect if I decide to file an action If a victim of a car accident seeks compensation for their injuries and losses they must be prepared to defend their claim They will likely need documentation of their treatment such as medical notes and tests results as well the receipts of any medical expenses incurred in connection with the accident Theyll need to prove damages including lost wages or property damage as well as discomfort and pain It is essential to seek medical attention promptly after a crash in case of injuries to ensure that all information can be documented and presented to the insurer as proof of loss During the discovery stage the attorney will speak with witnesses experts and others to build a solid case for you This may include depositions where the person is required to give their testimony under oath and is asked questions by your attorney This lets both parties examine all accounts determine the credibility of the evidence and make an assessment of the best way to proceed After having reviewed the evidence the judge or jury will decide whether the defendant was responsible for the accident They will also decide the amount of damages you should be awarded Depending on the case it could take from a few days to over an entire year If one of the parties is unhappy with the outcome they can appeal the decision Its expensive and timeconsuming for both parties to file an appeal which is why its essential to prepare your case as soon as possible after the crash Why should I choose to hire an attorney When an accident causes injuries the victim is faced with costly medical bills and property damage as well as lost wages from being in a position of no work Legal action may be needed in order to receive the compensation you need An attorney who handles auto accidents can help determine if filing a lawsuit makes sense in your case An attorneys first step will be to ask for your medical records and any other documentation connected to the crash The evidence will be used to determine the extent and severity your injuries from a car accident Interviews with witnesses can be conducted In some instances experts like mechanics or engineers could be brought to testify Based on the circumstances of the car accident depending on the circumstances it could take weeks or 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 the insurance company discovery analyzing evidence from both sides setting dates for trial and preparations In this period memories may disappear witnesses can leave or pass away or die and evidence could be lost An experienced attorney for car accidents will help you understand your legal options during a complimentary consultation Contact Bruscato Law to schedule an appointment in Monroe LA We can answer your questions about whether to decide to settle or sue and also what damages you are entitled to
