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Auto Accident Litigation Collect all the documentation in connection with your accident. This includes medical records and photos of the accident scene, as well as bills and pay stubs. Memories fade, witnesses might move away or die and evidence can disappear. If you and the defendant do not reach a consensus during this phase, your case will go to trial. What is a lawsuit? A lawsuit is a legal proceeding brought in a court of law wherein the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff can ask the court for financial compensation or other non-monetary “equitable relief.” The defendant must respond to the lawsuit and could be ordered to pay damages if held liable. The complaint is the primary stage of a civil action. The complaint outlines the facts of the case and lays out the legal basis to hold the defendant responsible for the plaintiff's damages. The defendant must respond to the complaint within a specified period of time. They can deny the allegations and counter the arguments of the plaintiff or request that the case be dismissed for lack of legal grounds. Additionally, a defendant may choose to settle the case rather than go to trial. Settlement is an agreement between the parties that puts the litigation to an end without a determination of the parties' liability in exchange for financial award. There are also class actions which combine multiple injuries into a single claim for compensation. This makes for more efficient and cost-effective litigation as multiple parties are fighting the same case. This is especially beneficial when the damages are minor and the cost to litigate individually would be prohibitive. How do lawsuits proceed? In lawsuits involving car accidents, the process typically begins with a complaint, that is filed in court and served to the defendant. The defendant has 20 to 30 days to reply, also known as an answer. During this period, they may present defenses to your personal injury claim, or even make counterclaims against your. They can also engage with discovery. This could include interrogatories, depositions, requests to produce (which could include photos, documents or video evidence), and requests for admission. Depending on the degree of your injuries and the insurance coverage of the at-fault party depending on the severity of your injuries, you could choose to settle your case outside of court. This is a less costly and quicker alternative than going to court. If the insurance company is unwilling to give you a reasonable amount of money and you are not satisfied, your Long Island car accident attorney might decide to take the case to trial. Generally speaking, the damages you can receive are your documented expenses like medical bills and property damage. You can also sue for damages that are not economic including pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer experienced in car accidents with years of experience can guarantee that you get fair compensation for your damages. 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 from a lawsuit? When a victim of a car accident seeks compensation for their injuries or losses they must be prepared to defend their claim. They must submit documentation of their treatment including doctor's notes and results from tests and receipts relating to medical expenses. They'll also need prove their losses, such as loss of income or property damage as well as pain and suffering. This is why it's crucial to seek medical attention for any injury immediately following a crash, so all information is documented and can be presented to the insurance company to prove of loss. During the process of discovery, your attorney will interview witnesses, experts and more to build a strong case for you. This may include depositions in which the person testifies under oath, while being interrogated by your attorney. The parties are able to examine all accounts, determine the credibility of the testimony and make a decision on the best way to proceed. After reviewing the evidence after which a jury or judge will determine whether the defendant is accountable for the accident, and the amount of damages you must be awarded. Based on the circumstances, it could take anything from several days to an entire year. If one of the parties is unhappy with the outcome, they may appeal. The process of appealing can be time-consuming and costly for both parties, which is why it is crucial to plan your case quickly following the crash. Why should I engage an attorney? If an accident causes injuries the victim will be required to pay for medical bills that are costly and also property damage and lost wages due to the inability to work. A lawsuit may be necessary to get the compensation needed. An auto accident attorney can assist in determining whether filing a lawsuit makes sense in your case. The first step of an attorney's job will be to obtain your medical records as well as other documents connected to the crash. This evidence will be used to determine the extent and severity your injuries from a car accident. Interviews with witnesses might also take place. In some cases experts like mechanics or engineers can be brought in. It could take weeks, even months to complete the court procedure in the event of your accident. This is due to a variety of factors, including negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting dates for trial, and preparations. In auto accident attorney birmingham , memories can fade, witnesses may go missing or die and evidence may be lost. A lawyer who handles car accidents will assist you with the legal options you have during a no-cost consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll be able to answer any questions you have about whether to sue or settle and also what damages you could recover.