Auto Accident Litigation: The Good, The Bad, And The Ugly
Auto Accident Litigation
Gather all documentation regarding the accident. This includes medical records, photos and evidence of the scene of the crash such as bills and pay stubs.
Evidence may disappear, witnesses may disappear or die, and memories fade. If you and the defendant are unable to reach an agreement in this stage your case will be taken to trial.
What is a lawsuit?
A lawsuit is an action filed in court where the plaintiff attempts to hold the defendant accountable for the loss. A plaintiff can seek financial compensation, or other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.
The complaint is the primary step of a civil case. The document contains all the facts and legal reasons for determining the defendant's liability for the plaintiff's losses. The defendant has a set period of time to respond to the complaint. They may deny the allegations and counter the arguments of the plaintiff, or request that the case be dismissed due to lack of legal reason.
A defendant may also decide to settle the case rather than having it tried. Settlement is a voluntary agreement between the parties that puts an end to litigation without a determination of responsibility in exchange for monetary award.
There are also class action lawsuits which combine many injuries into one claim for compensation. This allows for more cost-effective and efficient litigation since multiple individuals are seeking compensation for the same issue. This is particularly beneficial when the damages are minor and the cost to pursue the case on its own is prohibitive.
How do lawsuits work?
In lawsuits involving car accidents, the process typically begins with a formal complaint which is filed in the courtroom, and then sent to the defendant. The defendant then has between 20 and 30 days to file their response, known as an answer. During this period they may defend against your personal injury claim and/or bring a counterclaim against your. They may also use discovery. This could include interrogatories (written questions) depositions, depositions, requests for production (which could include documents, photos, videos or physical evidence), and requests for admission.
Depending 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 cost-effective and faster option than going to court. If the insurance company is not willing to provide you with an amount that is reasonable or even a fair amount, your Long Island car accident attorney might choose to take the case to trial.
Generally, the damages you are entitled to receive are your documented expenses such as medical bills and property damage. Additionally, you can seek compensation for noneconomic damages like pain and suffering. Insurance companies are known for underestimating noneconomic damages. A car accident lawyer with extensive experience can guarantee you are compensated fairly for your damages. This is especially important when the driver at fault has no insurance or insufficient insurance coverage to cover your damages.
What can I expect from a lawsuit?
When a victim of a car accident seeks compensation for their injuries or losses they'll need to be prepared to defend their claim. They will likely need documentation of their treatment, including medical notes and test results, aswell with receipts for any medical expenses incurred due to the accident. They'll also need prove their damages such as loss of income as well as property damage, pain and suffering. This is why it's vital to get medical attention for any injury within a short time after a crash, so all information is documented and is then provided to the insurance company as proof of loss.
During the discovery process the attorney will speak with witnesses, experts and others to establish a solid case for you. This could include depositions, where the witness gives their testimony under oath, and is asked questions by your attorney. The parties are able to listen to all the accounts, evaluate the credibility of the evidence and make the decision on what to do next.
After examining the evidence after which a jury or judge will decide if the defendant is responsible for the accident, and the amount of damages you will be awarded. Based on auto accident attorneys worcester , this could take anywhere from a few days to over a year. If either party is unhappy with the outcome, they are able to file an appeal. It's costly and time-consuming for both parties to appeal, so it's important to plan your appeal as soon as possible after a crash.
Why should I engage a lawyer?
When an accident causes injuries, the victim faces high medical costs and property damage, not to mention lost wages as a result of being not able to work. Legal action could be necessary to secure the compensation you need. An auto accident lawyer can assist you in determining whether a lawsuit is the right option in your case.
The first thing an attorney will do is request your medical records and other documents related to the accident. They will make use of this evidence to draw a picture of severity and extent of your car accident injuries. Interviews with witnesses can also be conducted. In some cases experts such as mechanics or engineers might be called in.
Based on the circumstances of the car accident depending on the circumstances, it could take weeks and months or one year to complete the entire process of litigation in the court. This is due to a range of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting dates for court, and trial preparations. In this time, the memories can disappear, witnesses could go away or even pass away, and evidence can be lost.
An experienced lawyer for car accidents will guide you through your legal options during a complimentary consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or not you should pursue a lawsuit and the damages you could be able to claim.