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Auto Accident Litigation The first step is gathering all documentation pertaining to your accident. This includes medical records, photos and evidence of the accident scene including bills and pay stubs. Memory fades, witnesses could go away or die, and evidence could disappear. If you and the defendant fail to reach a consensus in this phase, then your case will be heard. What is a lawsuit? A lawsuit is a proceeding in court where the plaintiff attempts to hold the defendant responsible for a loss. A plaintiff may ask the court for monetary compensation or other non-monetary “equitable relief.” The defendant must answer to the complaint and may be required to pay damages if they are found liable. The complaint is the first stage of a civil action. The complaint is a document that outlines the facts of the case and lays out the legal basis to hold the defendant responsible for the plaintiff's damages. The defendant must respond to the complaint within a predetermined amount of time. They may challenge the allegations and the arguments of the plaintiff or request that the case is dismissed due to lack of legal reason. A defendant can also choose to settle a case instead than have it tried. A settlement is a deal reached by the parties to end litigation without determining the liability in exchange for money. There are also class actions, which combine multiple injury claims into a single claim for compensation. This allows for more efficient and cost-effective litigation since multiple individuals are fighting the same case. This is particularly beneficial when the damages are minor and the cost to litigate individually would be prohibitive. How do lawsuits work? In car accident lawsuits, the process usually starts with a formal complaint, which is filed in court, and then served to the defendant. The defendant then has between 20 and 30 days to respond, known as an answer. During this time, they could raise defenses to your personal injury claim or make counterclaims against you. They may also be involved in discovery. This can include depositions, interrogatories and requests for evidence (which may include documents, photos video, or physical evidence), and requests for admissions. Based on the severity of your injuries as well as the insurance coverage of the party at fault depending on the severity of your injuries, you could choose to settle your case out of court. This is a cheaper and faster alternative to going to court. If the insurance company refuses to pay an amount that is fair or even a fair amount, your Long Island auto accident attorney may decide to have to take them to the court. The damages you can receive are your documented expenses such as medical bills and property damage. You can also sue for noneconomic damages, such as pain and suffering. Unfortunately, insurance companies tend to reduce the amount that victims are owed when estimating the non-economic damage. A lawyer who has extensive experience can guarantee you are compensated fairly for your losses. This is especially crucial when the person at fault has no insurance or inadequate insurance coverage that covers damages. What do I get from a lawsuit? If a victim of a car accident is seeking compensation for their injuries and losses they have to be prepared to defend their claim. They will need to provide documentation of their treatment including the notes of a doctor and test results and receipts relating to medical expenses. auto accident lawyer fullerton 'll have to prove damages, including lost wages, property damage, and discomfort and pain. It is vital to seek medical attention right away after a crash, in case of injuries, so that all information can be documented and presented to the insurer as proof of loss. During the process of discovery your attorney will question witnesses, experts and others to establish a solid case on your behalf. This may include depositions, where the person is required to give their testimony under oath, and is questioned by your attorney. This gives both parties the opportunity to listen to other's testimony, assess the strength of the evidence and then decide what to do next. After looking over the evidence, the judge or jury will determine whether the defendant is responsible for the accident. They will also determine the amount of damages you are entitled to. This can take between several days and one year, depending on the particular case. If either party is dissatisfied with the outcome, they are able to make an appeal. Appeal hearings can be long and costly for both parties, so it is crucial to plan your case right away after a crash. Why should I hire an attorney? If an accident causes injuries the victim is required to pay for medical bills that are costly in addition to loss of wages and property damage due to the inability to work. Legal action could be required to receive the amount of compensation required. An auto accident attorney can assist you in determining if filing a lawsuit makes sense in your particular situation. The first step for an attorney will be to request your medical records and other documents related to the crash. They will use this evidence in order to draw a picture of extent and severity of your injuries from a car accident. Witnesses are also interviewed. In some cases experts like engineers or mechanics could be called in. It could take weeks, or months, to complete the court procedure according to the circumstances of your accident. This is due to a variety of factors like negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. In this time, memories can fade, witnesses might move away, or even die, and evidence may be lost. An experienced car accident attorney will guide you through your legal options in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer your questions about whether to either settle or pursue a lawsuit and also the amount of damages you can claim.