Auto Accident Litigation Collect all the documentation that pertains to the accident This includes medical records, images of the scene and also bills and pay stubs Memories fade, witnesses can disappear or die, and evidence may vanish If you and the defendant do not reach a consensus at this point your case will go to trial What is a lawsuit A lawsuit is a legal proceeding filed in the court of law in which the plaintiff seeks to hold the defendant responsible for a loss A plaintiff may request the court for monetary compensation or other non-monetary "equitable relief" The defendant must respond to the complaint and could be ordered to pay damages if they are found to be responsible The complaint is the first step in a civil lawsuit This document outlines the facts of the matter and lays out the legal foundations for holding the defendant accountable for the plaintiff's damages The defendant must respond to the complaint within a certain period of time They can deny the allegations and refute the plaintiff's arguments, or they can request that the case be dismissed due to insufficient legal grounds In addition, a defendant can choose to settle the case rather than going to trial A settlement is a deal reached between the parties in order to end litigation without determining the extent of liability in exchange for money There are also class actions, which combine multiple injuries into a single claim for compensation This allows for more cost-effective and efficient litigation since multiple individuals are pursuing the same claim This is particularly advantageous when the injuries are relatively small and the cost of litigation for each individual would be prohibitive What is the procedure for a lawsuit In car accident lawsuits the process usually starts with a formal lawsuit that is filed in court, and then served to the defendant The defendant is given between 20 to 30 days to respond, commonly known as an answer During this time, they can make defenses against your personal injury claim, and/or make a counterclaim against you They can also engage in discovery This includes interrogatories written questions as well as depositions, requests for production which could comprise videos, documents, photos or physical evidence, and requests for admission Based on the extent of your injuries and the insurance coverage of the person who caused your injuries depending on the severity of your injuries, you could choose to settle your case outside of court This is a less costly and quicker option than going to court If the insurance company refuses to pay an amount you are able to afford, your Long Island auto accident attorney may decide that they will go to the court In general, you can claim damages for your documented costs like medical bills and property damage You may also sue for noneconomic damages including pain and suffering Unfortunately, insurance companies frequently lower the amount of compensation for victims when they estimate the non-economic damage A seasoned lawyer in car accidents can draw on their vast experience to ensure that you get adequately compensated for your losses This is particularly important if the at-fault driver has no insurance or insufficient insurance coverage to cover your damages What should I expect if I start an action If a victim of a car collision seeks compensation for their injuries and losses they have to be prepared to fight their claim They must provide proof of their treatment, such as doctor's notes and results from tests as well as receipts related to medical expenses They'll also need to prove their damages such as lost income as well as property damage, the pain and suffering This is why it's vital to seek medical attention for any injury immediately following a crash, so all information is documented and provided to the insurance company to prove of loss During the discovery phase the attorney will speak with witnesses, experts and other individuals to create an argument that is solid for you It could also include depositions where witnesses testify under oath as they are questioned by your attorney This allows both parties the chance to listen to each other's stories, evaluate the credibility of the evidence and decide the best way to proceed After reviewing the evidence, the judge or jury will decide which party is responsible for the accident They will also decide the amount of damages you should be awarded Based on the particular case, this could take anywhere from a few days to over an entire year If you're not satisfied 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 prepare your case as soon as possible after a crash Why should I choose to hire a lawyer When an accident causes injuries, the victim faces costly medical bills and property damage, plus lost wages because they are incapable of working https//vimeocom/706731977 might be required in order to receive the compensation you require An auto accident attorney can help determine if it is advisable to file a lawsuit in your particular situation An attorney's first step will be to ask for your medical files and other documents that is related to the accident This evidence will be used to determine the severity and extent of the injuries you sustained in a vehicle accident Interviews with witnesses could be conducted In certain instances experts such as engineers or mechanics may be brought in It could take weeks, even months, to complete the court process dependent on the circumstances of your accident This is due to a variety of factors including negotiations with the insurance company and discovery analyzing evidence from both sides, setting the dates for court and trial preparations In this time, the memories may fade, witnesses might move away, or even die, and evidence may be lost A seasoned attorney for car accidents will walk you through your legal options in a free consultation Contact Bruscato Law to schedule an appointment in Monroe, LA We will be able to answer your questions about whether to decide to settle or sue and also the amount of damages you can claim