Auto Accident Litigation
The first step is to collect all documentation pertaining to your accident. This includes medical records, photographs of the scene of the accident as well as pay stubs and bills.
Memory fades, witnesses could move away or die and evidence may disappear. If you and the defendant are unable to reach an agreement in this phase, then your case will be heard.
What is a lawsuit?
A lawsuit is an action in court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff may ask the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the complaint and may be forced to pay damages if held liable.
The first step in a civil lawsuit is filing the complaint. The complaint outlines all facts and legal basis for determining the defendant's liability for the plaintiff's losses. The defendant has a set amount of time to reply to the complaint. They can contest the allegations and the arguments of the plaintiff or request that the case is dismissed due to lack of legal basis.
Additionally, a defendant may choose to settle the case instead of going to trial. A settlement is a deal reached between the parties in order to end litigation without determining liability for money.
There are also class actions which combine multiple injuries into a single claim for compensation. This allows for a more efficient and cost-effective litigation because multiple people are trying to file a claim. This is especially advantageous when the injuries are relatively small and the costs of individual litigation would be prohibitive.
What is the procedure for a lawsuit?
In car accident lawsuits the process usually begins with a complaint that is filed in court and served to the defendant. The defendant has between 20 and 30 days to file their response or answer. During this time, they may raise defenses to your personal injury claim, and/or make counterclaims against you. They may also be involved in discovery. This can include interrogatories (written questions) depositions, depositions, requests for production (which could include videos, documents, photos or physical evidence), and requests for admission.
You may settle your case outside of court based on the severity of the injuries you sustained and the insurance coverage of the person who caused the accident. This is a cheaper and faster alternative to going to court. However, if the insurance company is unwilling to offer you an adequate amount of money or even a fair amount, your Long Island car accident attorney may decide to take them to trial.
The damages you are entitled to receive are your documented expenses like medical bills and property damage. You may also sue for noneconomic damages, such as pain and suffering. Unfortunately, insurance companies typically reduce the amount that victims are owed when they estimate damages that are not economic. A seasoned lawyer in car accidents has the experience to ensure that you get fairly compensated for your damages. This is particularly important if the driver at fault is not insured or has inadequate insurance coverage to cover damages.
What can I expect if I file an action?
If a person who has been injured in an accident seeks compensation for their losses or injuries they must be prepared to defend their claim. They will have to provide proof of their treatment, such as doctor's notes and results from tests and receipts relating to medical expenses. They'll need to show damages, including loss of wages, property damage, and pain and discomfort. This is the reason it's essential to get medical attention for any injuries immediately following a crash so all information is documented and can be provided to the insurance company to prove of loss.
During the process of discovery, your attorney will interview witnesses, experts and more to create a convincing case on your behalf. This could include depositions in which the person testifies under oath as they are questioned by your attorney. The parties have the opportunity to listen to witnesses' accounts, evaluate the credibility of the testimony, and decide the best way to proceed.
After reviewing auto accident lawyer new jersey or jury will decide if the defendant is responsible for the accident and determine the amount of compensation you'll be awarded. The process can take anywhere from several days and a year depending on the case. If either party is dissatisfied with the decision, they can appeal the decision. Appeals can be time-consuming and expensive for both parties, therefore it is important to begin preparing your case right away after an accident.
Why should I hire a lawyer?
If an accident results in injuries, the victim has to pay costly medical bills and property damage, not to mention lost wages because they are incapable of working. Legal action is often required in order to receive the compensation you require. An auto accident attorney can assist in determining whether it is advisable to file a lawsuit in your situation.
The first thing an attorney will do is request your medical records as well as other documents in connection with the accident. The evidence will be used to determine the extent and severity your injuries in a car accident. Interviews with witnesses might also be conducted. In some instances, experts like mechanics or engineers can be brought to testify.
Based on the circumstances of the car accident depending on the circumstances of your car accident, it could take weeks up to months or a year to go through the entire process of suing in the court. This is due to a range of factors, including negotiations with insurance companies as well as discovery (analyzing the evidence from both sides), setting court dates, as well being prepared for trial. In this time, memories may fade, witnesses may move away or even pass away, and evidence can be lost.
A lawyer who handles car accidents will help you understand the legal options available to you during a no-cost consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions regarding whether or not you should sue and what damages you may be able to claim.