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Auto Accident Litigation Gather all documentation that pertains to the accident. This includes medical records and photos of the accident scene as well as bills and pay stubs. Memories fade, witnesses can move away or die and evidence can disappear. If you and the Defendant cannot come to an agreement in this stage your case will be taken to trial. What is a lawsuit? A lawsuit is an action brought in court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff may seek financial compensation, or other non-monetary “equitable remedies” from the court. The defendant must to respond to the complaint. The complaint is the primary step in a civil case. The complaint outlines all facts and legal grounds to hold the defendant accountable for the plaintiff's losses. The defendant has a certain amount of time to respond to the complaint. They may challenge the allegations and the arguments of the plaintiff or demand that the case be dismissed due to lack of legal basis. In addition, a defendant can choose to settle the case rather than going to trial. A settlement is a voluntary agreement between the parties that puts the litigation to an end without any determination of the liability in exchange for a money-based award. There are also class action lawsuits, that combine multiple injury claims into one claim to recover compensation. This allows for more cost-effective and efficient litigation since multiple individuals are pursuing the same claim. This is especially beneficial in cases where injuries are not that significant and the cost of litigation for each individual would be prohibitive. How do lawsuits proceed? In car accident lawsuits the process usually starts with a complaint which is filed in court and then served on the defendant. The defendant is given between 20 and 30 days to respond, commonly called an answer. During this time they may make defenses against your personal injury claim, and/or bring a counterclaim against your. They can also engage in discovery. This includes interrogatories, depositions, requests to produce (which could include documents, photos video, or physical evidence), and requests for admissions. 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 responsible. This is more cost effective and less time-consuming than pursuing a trial. If the insurance company refuses to pay you a fair amount, your Long Island auto accident attorney could decide to go to court. In general, you can recover damages for the documented costs like medical bills or property damage. In addition, you can sue for noneconomic damages like pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer for car accidents with years of experience can guarantee that you get fair compensation for your damages. This is particularly important in cases where the at-fault party does not have insurance or lacks insurance coverage to pay for your damages. What can I expect when I decide to file an action? If a person who has been injured in an accident seeks compensation for their injuries or losses they'll need to be prepared to fight their claim. They will need to provide evidence of their treatment, including doctor's notes and results from tests and receipts relating to any medical expenses. auto accident law firm new rochelle will need to prove damages, including lost wages or property damage, as well as pain and discomfort. It is important to seek medical attention promptly after a crash, in case of injuries and ensure that all details can be documented and presented to the insurer as proof of loss. During the discovery stage, your attorney will interview witnesses, experts as well as other people to build a solid case for you. This may include depositions in which the witness is required to testify under oath, while being interrogated by your attorney. This lets both parties listen to all the accounts, evaluate the strength of the testimony, and then make a decision on the best way to proceed. After reviewing the evidence, the judge or jury will determine which party is responsible for the incident. They will also determine the amount of damages you are entitled to. It could take a few days and over one year, depending on the case. If one party is dissatisfied with the outcome, they may appeal the decision. The process of appealing can be time-consuming and costly for both parties, so it is essential to prepare your case as soon as possible following the crash. Why should I hire an attorney? If an accident causes injuries the victim is required to pay expensive medical bills along with the cost of property damage and lost wages due to the inability to work. A lawsuit may be essential to secure the amount of compensation required. A lawyer for auto accidents can help you determine whether a lawsuit is the right option in your case. The first thing an attorney will do is ask for your medical records and other documentation that pertains to the incident. This evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Witnesses can also be interviewed. In certain cases experts like engineers or mechanics can be called in. Depending on the facts of your car accident depending on the circumstances of your car accident, it could take weeks or months, or an entire year to complete the entire process of litigation in court. This is due to a range of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence from both parties), setting court dates, as well with the preparations for a trial. In this time, the memories may fade, witnesses may move away, or even die, and evidence may be lost. A lawyer for car accidents will help you understand the legal options available to you during the free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or not you should pursue a lawsuit and the damages you could be able to claim.