Auto Accident Litigation
Collect all the documentation related to your accident. This includes medical records and photographs of the scene of the accident and also bills and pay stubs.
Evidence may disappear, witnesses may pass away or disappear and memories can fade. If you and the defendant are unable to come to an agreement during this stage, then your case will be tried.
What is a lawsuit?
A lawsuit is a legal proceeding filed in an administrative court where the plaintiff seeks to hold the defendant responsible for any loss. A plaintiff may ask the court for compensation in cash or other non-monetary "equitable relief." The defendant must answer to the complaint and may be required to pay damages if found to be liable.
The first step in a civil lawsuit is to file the complaint. This document outlines all the facts and legal basis for holding the defendant liable for the plaintiff's losses. The defendant must answer the complaint within a certain period of time. They may challenge the allegations and the arguments of the plaintiff, or request that the case be dismissed for lack legal cause.
A defendant may also choose to settle the case rather than attempting to resolve it. A settlement is an agreement that is voluntary between parties that brings an end to litigation, but without a determination of liability in exchange for a monetary award.
There are also class action lawsuits which combine many injury claims into one to recover compensation. This makes for more cost-effective and efficient litigation because multiple people are seeking compensation for the same issue. This is particularly beneficial when the damages are minor and the cost to litigate each case individually would be prohibitive.
How does a lawsuit proceed?
In car accident lawsuits the process generally starts with a lawsuit, which is filed in the court and then served on the defendant. The Defendant then has between 20 and 30 days to file their response, known as an answer. During this period, they can present defenses to your personal injury claim, and/or file counterclaims against you. They may also engage in discovery. This can include interrogatories (written questions) as well as depositions, requests for production (which could include photographs, documents, videos or physical evidence), and requests for admission.
You can settle your case outside of court based on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is more economical and faster than going to trial. However, if the insurance company is not willing to offer you an adequate amount of money or even a fair amount, your Long Island car accident attorney may decide to take the case to trial.
Generally speaking, the damages you can receive are your documented expenses such as medical bills and property damage. You may also sue for noneconomic damage that you suffer from, like pain and suffering. Unfortunately, insurance companies often lower the amount of compensation for victims when it comes to estimating the non-economic damage. A car accident lawyer with years of experience can guarantee that you are compensated fairly for your losses. This is particularly important in cases where the at-fault party has no insurance or insufficient insurance coverage to cover your damages.
What do I get from a lawsuit?
When a car accident victim is seeking compensation for their injuries and losses, they must be prepared to defend their claim. They must submit the evidence of their treatment such as doctor's notes and results from tests and receipts relating to medical expenses. They'll also need to prove their damages such as lost income, property damage, and the pain and suffering. It is essential to seek medical attention right away following a crash to treat any injuries to ensure that all information can be documented and submitted to the insurer as proof of loss.
During the discovery stage the attorney will speak with experts, witnesses and other individuals to create an evidence-based case for you. This may include depositions, where the person is required to give their testimony under oath, and is questioned by your attorney. This allows both parties to review all evidence, evaluate the credibility of the testimony and make a decision on the best way to proceed.
After reviewing the evidence, a judge or jury will determine whether the defendant is responsible for the incident and the amount of damages you must receive. auto accident lawyer san jose will vary, but this could take anywhere from a few days to over a year. If you're not satisfied with the result you can appeal to either party. It's costly and time-consuming for both parties to appeal, so it's important to prepare your case in the earliest possible time after a crash.
Why should I hire an attorney?
If an accident causes injuries the victim will be required to pay for medical bills that are costly, as well as property damage and lost wages due to being unable work. Legal action might be required to obtain the compensation you need. An attorney who handles auto accidents will help you determine if it is advisable to file a lawsuit in your situation.
The first step for an attorney will be to request your medical records and any other documentation that is related to the accident. They will make use of this evidence to create a picture of magnitude and severity of your injuries sustained in a car accident. Witnesses are also interviewed. In certain instances experts like mechanics or engineers can be called in.
It could take weeks, or months, to complete the court process depending on the circumstances of your accident. This is due to a range of factors, including negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. In this period memories fade, witnesses can go missing or die and evidence may be lost.
A car accident lawyer will walk you through the legal options that are available to you in a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions about whether to settle or sue and also the amount of damages you can claim.