Meet The Steve Jobs Of The Auto Accident Litigation Industry
Auto Accident Litigation
Gather all documentation in connection with the accident. This includes medical records and photographs of the scene of the accident and also bills and pay stubs.
Memories fade, witnesses might go away or die, and evidence may vanish. If you and the defendant fail to agree on a solution in the next phase, then your case will be tried.
What is a lawsuit?
A lawsuit is a legal action brought in a court of law wherein 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 may be forced to pay damages if they are held liable.
The complaint is the first step in a civil lawsuit. The complaint is a document that outlines the facts of the case and lays out the legal basis for holding the defendant accountable for plaintiff's damages. The defendant must answer the complaint within a certain time frame. They may contest the allegations and the arguments of the plaintiff or ask to have the case dismissed due to lack of legal reason.
A defendant may also decide to settle a case instead than have it tried. Settlement is an agreement reached between the parties to end 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 makes for more cost-effective and efficient litigation as multiple parties are pursuing the same claim. This is particularly beneficial when the injuries are relatively small and the expense to litigate each case individually would be prohibitive.
How does a lawsuit work?
In car accident lawsuits the process generally starts with a complaint which is filed in the court and then served on the defendant. The Defendant then has between 20 and 30 days to respond which is known as an answer. During this time, they can argue defenses against your personal injury claim, and/or bring a counterclaim against your. They may also pursue discovery. This includes depositions, interrogatories as well as requests to produce (which may include documents, photos video, or physical evidence), and requests for admission.
You can settle your case outside of court, based on the severity of the injuries you sustained as well as the insurance coverage of the party who was at fault. This is a cost-effective and faster option than going to court. If the insurance company refuses to pay you an amount that is fair, your Long Island auto accident attorney may decide that they will go to court.
The damages you are entitled to be compensated for are the documented costs such as medical bills and property damage. In addition, you can sue for noneconomic damages like pain and suffering. Insurance companies are known for underestimating the non-economic damages. An experienced car accident lawyer has the experience to ensure that you are fairly compensated for your injuries. This is particularly crucial if the at-fault driver is not insured or has inadequate insurance coverage to cover your damages.
What do auto accident lawyer modesto get from a lawsuit?
If a person who has been injured in a car crash seeks to recover for their injuries or losses they'll need to be prepared to defend their claim. They must provide the evidence of their treatment such as doctor's notes and test results along with receipts relating to medical expenses. They'll also have to show their damages, such as loss of income, property damage, and suffering and pain. This is why it's important to seek medical attention for any injury immediately following a crash, making sure that all details are documented and is then provided to the insurance company to prove of loss.
During the discovery process your attorney will question witnesses, experts and more to create a convincing case for you. Depositions are a common method where the witness gives their testimony under oath and is questioned by your attorney. This lets both parties examine all accounts, determine the strength of the testimony and take an informed decision about what to do next.
After having reviewed the evidence, the judge or jury will decide which party is responsible for the incident. They will also determine the amount of damages you should be awarded. Depending on the case, this could take anywhere from a few days to over one year. If you're not satisfied with the result the parties can appeal. It's expensive and time-consuming for both parties to appeal, so it's important to prepare your case as soon as you can after an accident.
Why should I engage an attorney?
When an accident causes injuries, the victim faces costly medical bills and property damage, not to mention lost wages as a result of being unable to work. Legal action could be necessary to secure the compensation you require. A lawyer who specializes in auto accidents can assist you in determining whether a lawsuit is the right option for your situation.
The first step for an attorney would be to ask for your medical files and other documentation that is related to the crash. The evidence will be used to determine the severity and extent of your injuries in a car accident. Witnesses could also be interviewed. In certain instances experts such as mechanics or engineers may be called in.
Depending on the facts of the car accident depending on the circumstances, it could take weeks up to months or a year to go through the entire process of litigation in the court. This is due to a range of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both sides) and establishing dates for court, as well with the preparations for a trial. In this time, the memories can fade, witnesses could move away or even die, and evidence can be lost.
A car accident lawyer will help you understand the legal options that are available to you in an initial consultation for free. Call Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions about whether or not you should sue and the damages you could be able to recover.