25 Shocking Facts About Auto Accident Litigation
auto accident law firms Accident Litigation
Take all documentation in connection with the accident. This includes medical records and photographs of the scene of the accident and also pay stubs and bills.
Evidence can vanish, witnesses may be killed or relocated and memories fade. If you and the Defendant cannot come to an agreement during this time your case will be taken to trial.
What is a lawsuit?
A lawsuit is an action in court where the plaintiff attempts to hold the defendant accountable for a loss. A plaintiff can seek monetary compensation, or other non-monetary "equitable remedies" from the court. The defendant must to respond to the complaint.
The complaint is the primary step of a civil case. The complaint outlines all facts and legal basis to hold the defendant accountable for the plaintiff's losses. The defendant has a set amount of time to respond to the complaint. They can deny all allegations and refute the plaintiff's arguments, or they can request that the case be dismissed for lack of legal reason.
In addition, a defendant may choose to settle the case instead of go to trial. A settlement is a voluntary agreement between the parties that brings an end to litigation, but without any determination of responsibility in exchange for money-based award.
There are also class action lawsuits, which combine many injury claims into one claim for compensation. This makes for a more cost-effective and efficient litigation since many people are in the process of pursuing a claim. This is particularly advantageous when the damages are small and the cost to litigate each case individually would be prohibitive.
What happens when a lawsuit is filed?
In lawsuits involving car accidents, the process usually starts with a formal lawsuit that is filed in the courtroom, and then served to the defendant. The defendant then has between 20 and 30 days to file their response which is known as an answer. During this time, they could raise defenses to your personal injury claim, and/or file counterclaims against you. They can also engage in discovery. This can include depositions, interrogatories and requests for evidence (which may include documents, photos or video proof) and requests for admissions.
You can settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the party responsible. This is more economical and faster than going to trial. However, if the insurance company is unable to pay you a reasonable amount of money, your Long Island car accident attorney could decide to bring them to trial.
The damages you can get are those that you have documented like medical bills and property damage. You may also sue for noneconomic damage, such as pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. A seasoned lawyer in car accidents will use their vast experience to ensure that you are fairly compensated for your injuries. This is especially crucial if the driver at fault has no insurance or inadequate insurance coverage to pay for damages.
What should I expect if I make a claim in an action?
When a victim of an accident seeks compensation for their injuries or losses they must be prepared to contest their claim. They will have to provide the evidence of their treatment such as doctor's notes and test results as well as receipts related to medical expenses. They'll also need to prove their damages, including lost income or property damage as well as pain and suffering. This is why it's important to get medical attention for any injuries immediately after a crash to ensure that all information is recorded and then presented to the insurance company as proof of loss.
During the discovery process the attorney will speak with witnesses, experts and more to create a convincing case on your behalf. This may include depositions in which witnesses testify under oath, while being challenged by your attorney. This allows both parties the opportunity to listen to other's testimony, assess the credibility of the testimony, and decide how to proceed.
After reviewing the evidence, a judge or jury will decide if the defendant is accountable for the accident, and the amount of compensation you'll receive. This can take between a few days and over a year depending on the particular case. If you are unhappy with the result both parties have the option of appealing. Appeal hearings can be long and expensive for both parties, which is why it is important to begin preparing your case quickly following the crash.
Why should I engage an attorney?
If an accident results in injuries, the victim faces costly medical bills and property damage, not to mention lost wages because they are in a position of no work. Legal action could be necessary to get the compensation you require. An attorney for auto accident lawsuits accidents can assist you in determining whether a lawsuit would be appropriate in your particular case.
The first step for an attorney would be to request your medical records and any other documents in connection with the crash. They will make use of this evidence to draw a picture of degree and severity of your car auto accident lawsuits injuries. Witnesses are also interviewed. In some cases, experts like mechanics or engineers could be brought to testify.
It could take weeks, even months to complete the court process depending on the circumstances of your accident. This is due to a range of factors, such as negotiations with insurance companies, discovery (analyzing the evidence of both sides) and establishing court dates, as well with the preparations for a trial. During this period, memories can fade, witnesses could move away or even die, and evidence could be lost.
A lawyer who handles car accidents will assist you with the legal options you have during the free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can help you answer all your questions regarding whether or not you should pursue a lawsuit and what damages you might be able to recover.