Auto Accident Litigation The first step is gathering all documentation pertaining to your accident. This includes medical records, photographs and evidence of the accident scene such as bills and pay stubs. Memories fade, witnesses may disappear or die, and evidence may vanish. If you and the defendant do not agree on a solution in the next phase, then your case will be tried. What is a lawsuit? A lawsuit is an action filed in court in which the plaintiff seeks to hold the defendant accountable for the loss. A plaintiff can request the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be forced to pay damages if held liable. The first step in the civil process is filing the complaint. The document contains all the facts and legal grounds for holding the defendant liable for the plaintiff's losses. The defendant must answer the complaint within a predetermined amount of time. They may deny the allegations and counter the arguments of the plaintiff, or request that the case be dismissed for lack legal cause. Additionally the defendant has the option to settle the case instead of go to trial. A settlement is a deal reached between the parties to stop litigation without determining the liability in exchange for money. There are also class actions, which combine multiple injury claims into one claim for compensation. This results in a more cost-effective and efficient litigation, since multiple individuals are seeking compensation. This is especially beneficial when the injuries are relatively minor and the cost to litigate each case individually would be prohibitive. What is the procedure for a lawsuit? In lawsuits involving car accidents the process generally starts with a lawsuit, that is filed in court and then served on the defendant. The defendant has 20 to 30 days to respond, which is called an answer. During this time, they could argue against your personal injury claim, or make counterclaims against you. They may also conduct discovery. This includes depositions, interrogatories as well as requests to produce (which may include documents, photos, video, and/or physical evidence), 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 person who caused the accident. This is more economical and less time-consuming than going to trial. If the insurance company refuses to give you an adequate amount of money then your Long Island car accident attorney might choose to take the case to trial. In general, you can seek damages for your documented costs like medical bills or property damage. You may also sue for noneconomic damages, such as pain and suffering. Unfortunately, insurance companies often reduce the amount that victims are owed when they estimate the non-economic damage. An experienced car accident lawyer will use their vast experience to ensure that you receive fairly compensated for your injuries. This is especially crucial in the event that the at-fault driver does not have insurance or lacks insurance coverage to pay for your damages. What can I expect should I make a claim in a lawsuit? If a victim of an accident seeks compensation for their losses or injuries they'll need to be prepared to contest their claim. They will have to provide proof of their treatment, such as doctor's notes and results from tests and receipts relating to any medical expenses. They'll also need prove their damages, including loss of income, property damage and suffering and pain. This is why it's crucial to get medical attention for any injury immediately following a crash, making sure that all details are documented and presented to the insurance company to prove of loss. During the process of discovery your attorney will question witnesses, experts and others to create a convincing case for you. This could include depositions in which the witness is required to testify under oath, while being challenged by your attorney. This lets both parties examine all accounts, determine the strength of the testimony and make an informed decision about the best way to proceed. After looking over the evidence, the judge or jury will determine whether the defendant was accountable for the accident. They will also determine the amount of damages you should be awarded. It can take anywhere from several days and one year, depending on the specific case. If one of the parties is unhappy with the outcome, they can appeal the decision. The process of appealing can be time-consuming and expensive for both parties, therefore it is essential to prepare your case quickly following an accident. Why should I hire an attorney? If an accident results in injuries, the victim is faced with costly medical bills and property damage, as well as lost wages from being incapable of working. Legal action may be needed to obtain the compensation you need. An auto accident lawyer can help you determine if a lawsuit is appropriate for your particular situation. The first thing an attorney will do is ask for your medical records and other documents in connection with the accident. This evidence will be used to determine the severity and extent of your injuries in a car accident. Witnesses are also interviewed. In certain instances experts such as mechanics and engineers may be called to testify. Based on the circumstances of the car accident It could take weeks and months or the whole year to complete the entire process of suing in court. This is due to a number of factors, such as negotiations with insurance companies, discovery (analyzing the evidence of both parties) and establishing dates for trial, as well in the preparations for trial. In this time, the memories may fade, witnesses could move away or even die, and evidence can be lost. A seasoned attorney for car accidents will walk you through your legal options during a no-cost consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer all your questions about whether or not you should sue and what damages you might be able to claim.