Auto Accident Litigation The first step is gathering all the documentation related to your accident This includes medical records and photos of the scene, as well as bills and pay stubs Evidence may disappear, witnesses may die or move away and memories fade If you and the defendant are unable to reach an agreement in this stage, then your case will be tried What is a lawsuit A lawsuit is an action brought in the court where the plaintiff tries to hold the defendant responsible for the loss A plaintiff could seek monetary compensation, or other non-monetary "equitable remedies" from the court The defendant has to respond to the complaint The first step in a civil lawsuit is filing the complaint This document outlines the facts of the case, and sets out the legal foundations for holding the defendant responsible for the plaintiff's damages The defendant must respond to the complaint within a specific time frame They may 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 A settlement is an agreement reached between the parties 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 more cost-effective and efficient litigation since many people are fighting the same case This is especially advantageous when injuries are comparatively small and the cost of individual litigation could be prohibitive How do lawsuits function In lawsuits involving car accidents, the process typically begins with a formal complaint, which is filed in court, and then served on the defendant The defendant has 20 and 30 days to respond, which is known as an answer During this period, they may argue against your personal injury claim and/or make counterclaims against you They can also make use of discovery This can include interrogatories written questions as well as depositions, requests for production which could include documents, photos, videos, and/or physical evidence, and requests for admissions You may settle your case outside of court, based on the severity of the injuries you sustained and the insurance coverage of the party at fault This is less expensive and quicker than going to trial If the insurance company is unable to provide you with a reasonable amount of money or even a fair amount, your Long Island car accident attorney might decide to take them to trial In general, you can recover damages for the costs you have documented such as medical bills and property damage You may also sue for damages that are not economic like pain and suffering Unfortunately, insurance companies typically undervalue victims when it comes to estimating noneconomic damages A lawyer experienced in car accidents with extensive experience can ensure that you are compensated fairly for your losses This is especially important when the driver at fault has no insurance or inadequate insurance coverage to cover damages What should I expect if I file an action If a victim of a car crash seeks to recover for their losses or injuries They will need to be prepared to contest their claim They must provide proof of their treatment, such as doctor's notes and results from tests and receipts relating to any medical expenses They'll need to prove damages, including lost wages damages to property, discomfort and pain This is why it's vital to seek medical attention for any injuries within a short time after a crash, making sure that all details are documented and can be provided to the insurance company to prove of loss During the discovery process, your attorney will interview witnesses, experts and more to create a convincing case for you This may include depositions in which the person testifies their testimony under oath, and is asked questions by your attorney The parties have the opportunity to listen and discuss each other's testimony, assess the credibility of the evidence and decide on how to proceed After reviewing https//vimeocom/706767807 and evidence, a judge or jury will decide if the defendant is responsible for the accident and determine the amount of damages you must be awarded Depending on the case, this can take anywhere from several days to one year If you're unhappy with the outcome the parties can appeal It can be expensive and time-consuming for both parties to appeal so it's crucial to prepare your case as soon as possible after an accident Why should I engage a lawyer If an accident results in injuries the victim is required to pay expensive medical bills along with the cost of property damage and lost wages because of the inability to work Legal action could be necessary to get the compensation you require An attorney who handles auto accidents can help determine if filing a lawsuit makes sense in your particular situation The first thing an attorney will do is ask for your medical records and other evidence that pertains to the incident This evidence will be used to determine the extent and severity of your injuries in a car accident Witnesses could also be interviewed In certain instances experts such as engineers or mechanics may be brought in Depending on the facts of your car accident It could take weeks or months, or one year to complete the entire process of suing in court This is due to a range 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, memories can fade, witnesses might move away, or even die, and evidence can be lost A seasoned attorney for car accidents will explain your legal options in a free consultation Call Bruscato Law to schedule an appointment in Monroe, LA We will be able to answer your questions about whether to sue or settle, as well as what damages you can recover