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Auto Accident Litigation The first step is to gather all documentation pertaining to your accident. This includes medical records, photos and evidence of the crash scene such as bills and pay stubs. Evidence can vanish, witnesses may be killed or relocated, and memories fade. If you and the defendant are unable to agree on a solution in this phase, then your case will be heard. What is a lawsuit? A lawsuit is a legal proceeding brought in the court of law in which the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff can ask the court for monetary compensation or other non-monetary “equitable relief.” The defendant must answer to the complaint and may be forced to pay damages if held liable. The complaint is the initial stage of a civil action. This document outlines the facts of the case and spells out the legal basis to hold the defendant accountable for plaintiff's damages. The defendant must respond to the complaint within a certain amount of time. They can contest the allegations and the arguments of the plaintiff or request that the case is dismissed due to lack of legal reason. Additionally an accused can decide to settle the case rather than going to trial. Settlement is a voluntary agreement between the parties that brings the litigation to an end without any determination of responsibility in exchange for cash settlement. There are also class action lawsuits which combine numerous injury claims into one for compensation. This allows for more cost-effective and efficient litigation because multiple people are in the process of pursuing a claim. This is especially beneficial when the damages are small and the cost to litigate on your own would be prohibitive. What is the procedure for a lawsuit? In car accident lawsuits the process typically starts with a complaint which is filed in the court and served to the defendant. The defendant is given between 20 to 30 days to respond, also known as an answer. During this time, they may present defenses to your personal injury claim and/or file counterclaims against you. They may also pursue discovery. This can include depositions, interrogatories and requests for evidence (which may include photos, documents, video, and/or physical evidence), and requests for admission. You may settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the person who caused the accident. This is more economical and quicker than going to trial. If the insurance company is unable to provide you with an adequate amount of money, your Long Island car accident attorney might choose to take them to trial. In general, you can seek damages for your documented expenses like medical bills and property damage. Additionally, you are able to sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies typically lowball victims when it comes to estimating noneconomic damages. A skilled car accident lawyer can use their extensive experience to ensure that you get fairly compensated for your injuries. This is particularly crucial when the driver at fault has no insurance or inadequate insurance coverage to cover damages. What can I expect from a lawsuit? If the victim of a car accident seeks compensation for their losses or injuries they must be prepared to defend their claim. They will need to provide documentation of their treatment including doctor's notes and test results and receipts relating to any medical expenses. They'll have to prove damages, such as lost wages or property damage, as well as discomfort and pain. This is why it's crucial to seek medical attention for any injury immediately following a crash, so all information is documented and is then provided to the insurance company to prove of loss. During the process of discovery your attorney will question witnesses, experts and others to build a strong case on your behalf. It could also include depositions where the witness is required to testify under oath while being interrogated by your attorney. This lets both parties listen to all the accounts, evaluate the strength of the testimony, and then make an assessment of what to do next. After reviewing the evidence, the judge or jury will determine whether the defendant was responsible for the incident. They will also determine the amount of damages that you should receive. Based on the circumstances, it could take from a few days to over one year. If you are not satisfied with the outcome both parties have the option of appealing. It's expensive and time-consuming for both parties to file an appeal therefore it is important to plan your appeal as soon as possible after a crash. Why should I employ an attorney? If an accident causes injuries the victim will be required to pay high medical bills and also the cost of property damage and lost wages due to being unable work. Legal action could be required to receive the compensation that is required. A lawyer who specializes in auto accidents can assist you in determining if a lawsuit is appropriate for your particular situation. auto accident lawsuit bryan will do is ask for your medical records as well as other documents related to the accident. They will use this evidence to draw a picture of extent and severity of your car accident injuries. Interviews with witnesses may also be conducted. In certain instances experts such as mechanics and engineers might be called to testify. It could take weeks, or months, to complete the court process depending on the circumstances of your accident. This is due to a range of factors like negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for trial, and preparations. In this period, memories can fade, witnesses can move away or die and evidence may be lost. A lawyer for car accidents will help you understand the legal options that are available to you in the free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We'll be able to answer any questions you have about whether to either settle or pursue a lawsuit and also the amount of damages you can claim.