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Auto Accident Litigation Document everything that is that pertains to the accident This includes medical records photos and evidence of the scene including bills and pay stubs Memory fades witnesses could disappear or die and evidence can disappear If you and the defendant do not reach a consensus in the next phase then your case will be heard What is a lawsuit A lawsuit is an action in court in which the plaintiff seeks to hold the defendant responsible for a loss A plaintiff may seek financial compensation or other nonmonetary equitable remedies from the court The defendant will have to respond to the complaint The complaint is the initial step in a civil lawsuit The complaint is a document that outlines the facts of the case and lays out the legal basis to hold the defendant accountable for the plaintiffs damages The defendant is given a specific period of time to respond to the complaint They can deny the allegations and counter the arguments of the plaintiff or request that the case is dismissed due to lack of legal reason A defendant may also choose to settle a case rather than attempting to resolve it Settlement is an agreement reached by the parties to end litigation without determining liability in exchange for money There are also class action lawsuits which combine numerous injuries into one claim for compensation This allows for more efficient and costeffective litigation since multiple individuals are seeking compensation This is particularly beneficial when the injuries are relatively small and the cost to litigate on your own would be prohibitive How does a lawsuit work In car accident lawsuits the process generally begins 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 called an answer During this period they can make defenses against your personal injury claim andor bring a counterclaim against your They may also engage in discovery This could include interrogatories written questions depositions depositions requests for production which could comprise photographs documents videos andor physical evidence and requests for admission Depending on the severity of your injuries and the insurance coverage of the person who caused your injuries you may choose to settle your case out of court This is a less costly and quicker option than going to court If the insurance company refuses to pay you a fair amount and you are not satisfied your Long Island auto accident attorney might decide to bring them to the court The damages you can get are those that you have documented such as medical bills and property damage You may also sue for noneconomic damages such as pain and suffering Insurance companies are known for underestimating noneconomic damages A lawyer experienced in car accidents with vast experience can make sure that you receive fair compensation for your losses This is especially important if the atfault driver does not have insurance or lacks insurance coverage to cover your losses 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 fight their claim They must provide proof of their treatment such as doctors notes and test results and receipts relating to any medical expenses They will need to prove damages such as loss of wages property damage and pain and discomfort This is the reason its essential to seek medical attention for any injury immediately after a crash making sure that all details are documented and is then provided to the insurance company to prove of loss During the discovery stage Your attorney will talk to witnesses experts and others to build an argument that is solid for you It could also include depositions where the person is required to testify under oath while being interrogated by your attorney This gives both parties the opportunity to hear each witnesses accounts evaluate the strength of the evidence and then decide the best way to proceed After review of the evidence a judge or jury will decide which party is responsible for the accident They will also decide the amount of damages you will be awarded The case will vary but this could take anywhere from a few days to over an entire year If you are not satisfied with the result the parties can appeal Appeals can be timeconsuming and expensive for both parties therefore it is crucial to plan your case quickly following an accident Why should I employ a lawyer If an accident results in 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 Legal action is often required to get the compensation you need An auto accident attorney can help determine if the filing of a lawsuit is necessary in your case The first step for an attorney will be to ask for your medical records and other documentation connected to the accident This evidence will be used to determine the severity and extent of the injuries you sustained in a vehicle accident Interviews with witnesses may also be conducted In some cases experts like mechanics or engineers could be brought to testify Based on the circumstances of the car accident It could take weeks months or even one year to complete the entire process of litigation in the court This is due to a range of factors including negotiations with the insurance company discovery analyzing evidence from both sides and setting dates for court and trial preparations During this time memories fade witnesses can leave or pass away and evidence may be lost A seasoned attorney for car accidents will help you understand your legal options during a free consultation auto accident lawsuit wichita falls to schedule an appointment in Monroe LA We can answer all your questions regarding whether or not to sue and what damages you may be able to claim
