What Do You Think? Heck What Exactly Is Auto Accident Litigation?
Auto Accident Litigation
The first step is to collect all the documentation related to your accident. This includes medical records, photos of the scene, as well as pay stubs and bills.
Memories fade, witnesses can go away or die, and evidence can disappear. If you and the defendant do not reach a consensus in this stage, your case will go to trial.
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 a loss. A plaintiff may ask the court for compensation in cash or other non-monetary "equitable relief." The defendant must respond to the complaint and may be required to pay damages if found to be liable.
The complaint is the first step in a civil case. The document contains all the facts and legal basis to hold the defendant accountable for the plaintiff's losses. The defendant must respond to the complaint within a predetermined period of time. They can contest the allegations and the arguments of the plaintiff, or request that the case be dismissed for lack of legal grounds.
Additionally, a defendant may choose to settle the case instead of go to trial. A settlement is an agreement reached between the parties in order to end litigation without determining liability for money.
There are also class actions, which combine multiple injuries into one claim for compensation. This allows for a more efficient and cost-effective litigation because multiple people are trying to file a claim. This is particularly beneficial when the damages are small and the cost of litigation for each individual would be prohibitive.
How do lawsuits work?
In lawsuits involving car accidents, the process typically starts with a formal lawsuit that is filed with 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 period, they may make defenses to your personal injury claim, and/or file counterclaims against you. They can also engage with discovery. This includes depositions, interrogatories as well as requests to produce (which may include photos, documents videos, documents, and/or physical evidence), and requests for admissions.
You can settle your case outside of court depending on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is cheaper and faster than going to trial. If the insurance company refuses to pay a fair amount and you are not satisfied, your Long Island auto accident attorney might decide to have to take them to the court.
The damages you are entitled to get are those that you have documented like medical bills and property damage. In addition, you may sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A skilled car accident lawyer will use their vast experience to ensure that you get fairly compensated for your losses. This is especially important in the event that the at-fault driver does not have insurance or has insufficient insurance coverage to pay for your damages.
What can I expect from a lawsuit?
If a victim of a car crash seeks compensation for their losses or injuries they must be prepared to defend their claim. They will have to provide proof of their treatment, such as doctor's notes and results from tests along with receipts relating to any medical expenses. They'll also need to show their damages, such as loss of income, property damage, and the pain and suffering. This is why it's crucial 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 others to create a convincing case on your behalf. This could include depositions where the person testifies under oath and is questioned by your attorney. The parties are able to review all evidence, evaluate the credibility of the evidence and make the decision on what to do next.
After reviewing the evidence, a judge or jury will decide if the defendant is accountable for the accident and the amount of damages you should receive. It could take a few days or one year, depending on the case. If one of the parties is unhappy with the outcome, they can make an appeal. The process can be lengthy and costly for both parties, which is why it is important to prepare your case quickly following a crash.
Why should I hire an attorney?
When an accident causes injuries, the victim has to pay high medical costs and property damage, in addition to lost wages because they are in a position of no work. Legal action might be required to secure the compensation you require. An auto accident lawyer can help you determine whether a lawsuit would be appropriate in your case.
The first thing an attorney will do is ask for your medical records and other evidence that pertains to the incident. This evidence will be used to determine the severity and extent of your injuries in a car accident. Witnesses could also be interviewed. In some instances experts such as engineers or mechanics could be called in.
It could take weeks, or months, to complete the court process dependent on the circumstances of your accident. This is due to a number of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence of both sides), setting court dates, as well as trial preparations. In this period memories fade, witnesses could go missing or die or die, and evidence could be lost.
A car accident lawyer will walk you through the legal options available to you during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. auto accident law firm glendale can answer all your questions about whether or not to sue and what damages you may be able to claim.