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Auto Accident Litigation Collect all the documentation that pertains to the accident. This includes medical records and images of the scene along with bills and pay stubs. Memories fade, witnesses can leave or pass away, and evidence may disappear. If you and the defendant are unable to come to an agreement during the next phase, then your case will be tried. What is a lawsuit? A lawsuit is an action brought in the court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff may request the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be required to pay damages if held liable. The complaint is the first step in a civil case. The document contains all the facts and legal basis for holding the defendant liable for the plaintiff's losses. The defendant has a certain period 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 reason. A defendant can also choose to settle a case instead than attempting to resolve it. A settlement is a deal reached between the parties to stop litigation without determining the extent of liability in exchange for money. There are also class action lawsuits which combine numerous injuries into one claim for compensation. This allows for more efficient and cost-effective litigation, since multiple individuals are in the process of pursuing a claim. This is especially beneficial when the injuries are relatively small and the cost of individual litigation would be prohibitive. What happens when a lawsuit is filed? In lawsuits involving car accidents, the process usually starts with a formal complaint, which is filed in court, and then served on the defendant. The defendant is then given between 20 and 30 days to respond called an answer. During this time, they may make defenses to your personal injury claim and/or file counterclaims against you. They may also pursue discovery. This can include interrogatories (written questions), depositions, requests for production (which could comprise documents, photos, videos or even physical evidence) and requests for admission. You can settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the party who was at fault. This is more cost effective and quicker than going to trial. If the insurance company refuses to pay you a fair amount then your Long Island auto accident attorney may decide that they will have to take them to court. In general, you may be able to recover damages for your documented costs like medical bills or property damages. In addition, you may claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies frequently lowball victims when estimating damages that are not economic. A skilled car accident lawyer has the experience to ensure that you receive fairly compensated for your damages. This is especially important in cases where the at-fault party is not insured or has inadequate insurance coverage to cover your damages. What can I expect from a lawsuit? If a victim of a car collision seeks compensation for their losses and injuries they have to be prepared to fight for their claim. They will need to provide documentation of their treatment including doctor's notes and test results as well as receipts related to any medical expenses. They'll need to show damages, including loss of wages as well as property damage, pain and discomfort. This is why it's important to get medical attention for any injuries immediately following a crash so that all the information is documented and presented to the insurance company as proof of loss. During the discovery stage Your attorney will talk to experts, witnesses, and others to build a solid case for you. This may include depositions in which the person gives their testimony under oath and is questioned by your attorney. The parties are able to listen to all the accounts, evaluate the credibility of the testimony, and then make an informed decision about what to do next. After examining the evidence and evidence, a judge or jury will determine whether the defendant is accountable for the accident and determine the amount of damages you should receive. Based on the particular case, it could take from several days to one year. If either party is unhappy with the outcome, they may appeal the decision. It's costly and time-consuming for both parties to appeal which is why it's essential to prepare your case in the earliest possible time after the crash. Why should I engage an attorney? When an accident causes injuries, the victim has to pay high medical costs and property damage, in addition to lost wages from being unable to work. auto accident lawyer virginia beach may be needed in order to receive the compensation you need. An attorney for auto accidents can help determine if filing a lawsuit makes sense in your situation. The first thing an attorney will do is ask for your medical records and other documents relating to the accident. They will use this evidence to create a picture of magnitude and severity of your injuries sustained in a car accident. Interviews with witnesses can also be conducted. In certain instances experts such as mechanics or engineers might be called in. Depending on the facts of the car accident depending on the circumstances of your car accident, it could take weeks or months, or one year to complete the entire process of litigation in court. This is due to a variety of factors, including negotiations with insurance companies and discovery (analyzing the evidence from both sides) and establishing dates for trial, as well being prepared for trial. During this period, memories may fade, witnesses may move away or even die, and evidence can be lost. A lawyer for car accidents will walk you through the legal options you have during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll be able to answer any questions you have regarding whether you should sue or settle and also what damages you can recover.

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