Three Greatest Moments In Auto Accident Litigation History
Auto Accident Litigation
Document everything that is related to your accident. This includes medical records and photos of the accident scene as well as pay stubs and bills.
Memory fades, witnesses could go away or die, and evidence may vanish. If you and the defendant do not reach a consensus at this point your case will go to trial.
What is a lawsuit?
A lawsuit is a legal proceeding filed in a court of law wherein the plaintiff seeks to hold the defendant accountable for any loss. A plaintiff may ask the court for compensation in cash or other non-monetary "equitable relief." The defendant must respond to the lawsuit and may be ordered to pay damages if they are held liable.
The first step in the civil process is filing the complaint. The document contains all the facts and legal bases for holding the defendant responsible for the plaintiff's losses. auto accident attorney parma is given a specific period of time in which they must respond to the complaint. They can deny the allegations and counter the arguments of the plaintiff, or ask to have the case dismissed for lack legal cause.
In addition, a defendant may choose to settle the case rather than going to trial. A settlement is an agreement made between parties that puts an end to litigation but without any determination of the parties' liability in exchange for money-based award.
There are also class actions which combine multiple injury claims into a single claim for compensation. This allows for a more efficient and cost-effective lawsuit, as multiple parties are seeking compensation. This is especially beneficial when the injuries are relatively small and the cost to litigate on your own would be prohibitive.
How does a lawsuit work?
In lawsuits involving car accidents, the process typically starts with a formal complaint which is filed with the court and then delivered to the defendant. The defendant is given between 20-30 days to respond, commonly called an answer. During this time, they may make defenses to your personal injury claim, and/or make counterclaims against you. They may also be involved in discovery. This includes interrogatories, depositions or requests to produce (which may include photos, documents videos, documents, and/or physical evidence), and requests for admission.
Based on the extent of your injuries and the insurance coverage of the person who caused your injuries, you may choose to settle your case outside of court. This is a more cost-effective and faster alternative to going to court. If the insurance company refuses to pay the amount you deserve and you are not satisfied, your Long Island auto accident attorney might decide to have to take them to the court.
In general, you can recover damages for your documented expenses such as medical bills and property damage. In addition, you can sue for non-economic damages such as pain and suffering. Unfortunately, insurance companies tend to undervalue victims when estimating non-economic damages. An experienced car accident lawyer will use their vast experience to ensure that you are fairly compensated for your injuries. This is particularly important when the driver at fault is not insured or has inadequate insurance coverage to cover damages.
What should I expect if I make a claim in an action?
If the victim of an accident seeks compensation for their injuries or losses They will need to be prepared to contest their claim. They must provide documentation of their treatment including doctor's notes and test results along with receipts relating to medical expenses. They will also need to prove their damages such as loss of income as well as property damage, the pain and suffering. It is crucial to seek medical attention immediately after a crash for any injuries, so that all information can be documented and then presented to the insurance company to prove the loss.
During the discovery stage during the discovery phase, your attorney will interview experts, witnesses, and others to build an argument that is solid for you. It could also include depositions where witnesses testify under oath and is confronted by your attorney. This gives both parties the opportunity to hear each other's testimony, assess the credibility of the evidence, and decide what to do next.
After looking over the evidence, the judge or jury will determine which party is responsible for the accident. They will also determine the amount of damages you will be awarded. This can take between just a few days to one year based on the circumstances. If one of the parties is unhappy with the outcome, they can file an appeal. Appeal hearings can be long and costly for both parties, so it is crucial to plan your case quickly following the crash.
Why should I engage an attorney?
When an accident causes injuries, the victim has to pay high medical costs and property damage, not to mention lost wages as a result of being not able to work. Legal action might be required to get the compensation you require. An attorney for auto accidents can help determine if filing a lawsuit makes sense for your situation.
The first step for an attorney would be to ask for your medical records and other documentation related to the accident. They will make use of this evidence to create a picture of extent and severity of your car accident injuries. Witnesses can also be interviewed. In some cases, experts such as mechanics or engineers can be called in.
Depending on the facts of your car accident, it could take weeks or months, or the whole year to complete the entire process of suing in the court. This is due to a range of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting dates for trial, and preparations. During this time memories fade, witnesses may disappear or die, and evidence may be lost.
A lawyer who handles car accidents will guide you through the legal options that are available to you during a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or how to proceed and what damages you might be able to claim.