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Auto Accident Litigation The first step is to collect all documentation pertaining to your accident This includes medical records photos of the scene as well as pay stubs and bills Memories fade witnesses may disappear or die and evidence may vanish If you and the defendant are unable to come to an agreement during the next phase then your case will be tried What is a lawsuit A lawsuit is a proceeding in court where the plaintiff tries to hold the defendant responsible for the loss A plaintiff could seek monetary compensation or other nonmonetary equitable remedies from the court The defendant is required 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 basis to hold the defendant responsible for the plaintiffs damages The defendant must respond to the complaint within a specified amount of time They can contest the allegations and the arguments of the plaintiff or ask to have the case dismissed for lack of legal grounds In addition an accused can decide to settle the case instead of go to trial A settlement is a deal reached between the parties in order to end litigation without determining the liability in exchange for money There are also class actions which combine multiple injuries into a single claim for compensation This allows for more efficient and costeffective litigation since multiple individuals are pursuing the same claim This is especially advantageous when the damages are minor and the cost to litigate individually would be prohibitive How do lawsuits function In car accident lawsuits the process typically starts with a lawsuit that is filed in court and then served on the defendant The defendant is then given between 20 and 30 days to respond known as an answer During this period they may defend against your personal injury claim andor create a counterclaim against you They may also engage in discovery This includes depositions interrogatories requests to produce which could include documents photos video andor physical proof 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 who was at fault This is less expensive and quicker than going to trial If the insurance company refuses to pay you an amount you are able to afford your Long Island auto accident attorney may decide that they will take them to court The damages you are entitled to receive are your documented expenses like medical bills and property damage You may also sue for noneconomic damage including pain and suffering Insurance companies are known for underestimating noneconomic damages A seasoned lawyer in car accidents has the experience to ensure that you receive fairly compensated for your injuries This is particularly important when the driver at fault does not have insurance or lacks insurance coverage to cover your damages What can I expect if I file a lawsuit When a car accident victim is seeking compensation for their injuries and losses They must be prepared to defend their claim They will have to provide evidence of their treatment including doctors notes and results from tests along with receipts relating to any medical expenses Theyll have to prove damages such as loss of wages or property damage as well as discomfort and pain It is crucial to seek medical attention immediately after a collision for any injuries to ensure that all information can be documented and submitted to the insurer as proof of loss During the process of discovery Your attorney will interview witnesses experts and others to build a strong case on your behalf It could also include depositions where the person is required to testify under oath and is questioned by your attorney This gives both parties the opportunity to listen and discuss each others accounts evaluate the credibility of the evidence and decide on how to proceed After reviewing the evidence the judge or jury will determine whether the defendant is responsible for the accident They will also determine the amount of damages that you should receive It can take anywhere from several days and an entire year based on the particular case If either party is dissatisfied with the decision they can file an appeal It can be costly and timeconsuming for both parties to file an appeal so its crucial to get your case ready as soon as you can after an accident Why should I engage an attorney If auto accident law firm irving in injuries the victim faces costly medical bills and property damage as well as lost wages from being not able to work It is necessary to obtain the amount of compensation required An auto accident attorney can assist you in determining if the filing of a lawsuit is appropriate in 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 your injuries sustained in a car accident Witnesses can also be interviewed In some cases experts like mechanics or engineers could be brought in Depending on the facts of your car accident depending on the circumstances it could take weeks and months or the whole year to complete the entire process of suing in court This is due to a range of factors including negotiations with insurance companies as well as discovery analyzing the evidence of both parties and setting court dates as well as trial preparations In this period memories can fade witnesses may go missing or die and evidence may be lost A seasoned attorney for car accidents will walk you through your legal options during a nocost consultation Contact Bruscato Law to schedule an appointment in Monroe LA We can answer your questions about whether to either settle or pursue a lawsuit as well as what damages you can recover
