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Auto Accident Litigation Document everything that is that pertains to the accident. This includes medical records, images of the scene and also bills and pay stubs. Memories fade, witnesses can move away or die and evidence can disappear. If you and the defendant are unable to reach a consensus in this stage, your case will be tried. What is a lawsuit? A lawsuit is an action in the court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff may ask for compensation in the form of monetary damages, or any other non-monetary “equitable remedies” from the court. The defendant is required to respond to the complaint. The first step in the civil court process is to file the complaint. The document describes the facts of the case and lays out the legal basis for holding the defendant accountable for the plaintiff's damages. The defendant must respond to the complaint within a specified period of time. They may deny all allegations and counter the plaintiff's arguments, or ask for the case to be dismissed due to lack of legal reason. A defendant can also choose to settle a case instead than attempting to resolve it. A settlement is a deal reached by the parties to end litigation without determining liability for money. There are also class action lawsuits which combine numerous injury claims into one to recover compensation. This allows for more cost-effective and efficient litigation because multiple people are fighting the same case. This is especially advantageous when the injuries are relatively small and the cost of individual litigation could be prohibitive. How do lawsuits proceed? In lawsuits involving car accidents the process typically starts with a lawsuit, which is filed with the court and then served on the defendant. The defendant has between 20 to 30 days to respond, commonly called an answer. During this time, they could raise defenses to your personal injury claim, and/or file counterclaims against you. They can also engage with discovery. This includes interrogatories, depositions as well as requests to produce (which could include documents, photos or video proof) and requests for admissions. Based on the severity of your injuries as well as the at-fault party's insurance coverage depending on the severity of your injuries, you could choose to settle your case outside of court. This is a cheaper and faster alternative to going to court. However, if the insurance company is unwilling to pay you an amount that is reasonable and you are not satisfied, your Long Island car accident attorney might choose to take the case to trial. The damages you are entitled to receive are your documented expenses such as medical bills and property damage. auto accident lawyer fresno may also sue for noneconomic damage, such as pain and suffering. Insurance companies are known for underestimating the non-economic damages. A skilled car accident lawyer will use their vast experience to ensure you are fairly compensated for your losses. This is especially important if the at-fault driver does not have insurance or lacks insurance coverage to cover your damages. What can I expect should I start a lawsuit? If a person who has been injured in a car accident seeks compensation for their injuries or losses They will need to be prepared to fight their claim. They must submit the evidence of their treatment such as doctor's notes and test results and receipts relating to medical expenses. They will need to prove damages, such as lost wages damages to property, pain and discomfort. This is why it's crucial to seek medical attention for any injury immediately following a crash to ensure that all information is recorded and is then provided to the insurance company as proof of loss. During the discovery process the attorney will speak with witnesses, experts and more to establish a solid case on your behalf. This could include depositions, in which the person gives their testimony under oath and is questioned by your attorney. This allows both parties the opportunity to hear each other's testimony, assess the strength of the evidence and decide how to proceed. After having reviewed the evidence, the judge or jury will decide whether the defendant was accountable for the incident. They will also determine the amount of damages that you will be awarded. Depending on the case, it could take anything from several days to an entire year. If one of the parties is unhappy with the outcome, they are able to make an appeal. It can be costly and time-consuming for both parties to file an appeal which is why it's essential to prepare your case in the earliest possible time after a crash. Why should I employ an attorney? If an accident causes injuries the victim will need to pay for medical bills that are costly along with loss of wages and property damage due to the inability to work. Legal action may be needed to obtain the compensation you require. An attorney who handles auto accidents can assist in determining whether filing a lawsuit makes sense for your situation. The first thing an attorney will do is request your medical records as well as other documents in connection with the accident. This evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Witnesses could also be interviewed. In certain instances experts like mechanics or engineers can be brought into. It could take weeks, or months to complete the court procedure depending on the circumstances of your accident. This is due to a range of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides), setting 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. An experienced lawyer for car accidents will help you understand your legal options during a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We can answer your questions about whether to settle or sue and also what damages you are entitled to.