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Auto Accident Litigation The first step is gathering all the documentation related to your accident. This includes medical records and photos of the scene as well as pay stubs and bills. Memories fade, witnesses might disappear or die, and evidence can disappear. If you and the Defendant are unable to reach an agreement at this point, 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 make the defendant accountable for any loss. A plaintiff can ask the court for compensation in cash or other non-monetary “equitable relief.” The defendant must respond to the suit and could be ordered to pay damages if they are found to be liable. The first step in a civil lawsuit is to file the complaint. This document provides all the facts and legal basis for holding the defendant responsible for the plaintiff's losses. The defendant must answer the complaint within a certain period of time. They can deny the allegations and counter the plaintiff's arguments, or ask for the case to be dismissed for the absence of a legal basis. Additionally an accused can decide to settle the case instead of going to trial. A settlement is an agreement between the parties that puts an end to litigation, but without any determination of responsibility in exchange for cash settlement. There are also class action lawsuits which combine numerous injury claims into a single claim to recover compensation. This makes for more cost-effective and efficient litigation since multiple individuals are trying to pursue the same claim. This is especially advantageous when the injuries are relatively small and the expense to litigate on your own would be prohibitive. How do lawsuits proceed? In car accident lawsuits the process usually begins with a complaint which is filed with the court and served to the defendant. The defendant is given between 20 and 30 days to respond, commonly called an answer. During this period they may make defenses against your personal injury claim, and/or bring a counterclaim against your. They may also be involved in discovery. This can include depositions, interrogatories or requests to produce (which could include photos, documents, video, and/or physical evidence) and requests for admission. You can settle your case without going to court, based on the severity of the injuries you sustained as well as the insurance coverage of the person who caused the accident. This is a cost-effective and faster alternative to going to court. If the insurance company is unwilling to offer you an adequate amount of money or even a fair amount, your Long Island car accident attorney may decide to take them to trial. Generally speaking, the damages you are entitled to receive are your documented expenses such as medical bills and property damage. In addition, you may sue for non-economic damages such as pain and suffering. Insurance companies are known for underestimating the non-economic damages. A lawyer who has vast experience can make sure that you get fair compensation for your damages. This is particularly crucial in cases where the at-fault party does not have insurance or lacks insurance coverage to cover your damages. What can I expect from a lawsuit? If a victim of an accident seeks compensation for their injuries or losses They will need to be prepared to defend their claim. They will need to provide evidence of their treatment, including doctor's notes and results from tests along with receipts relating to any medical expenses. They'll also have to prove their losses, such as loss of income or property damage as well as the pain and suffering. This is why it's crucial to get medical attention for any injuries immediately following a crash, so that all the information is documented and is then provided to the insurance company as proof of loss. During the process of discovery the attorney will speak with witnesses, experts and more to create a convincing case on your behalf. This could include depositions, where the witness gives their testimony under oath, and is questioned by your attorney. This gives both parties the opportunity to hear each witnesses' accounts, evaluate the strength of the evidence, and decide what to do next. After reviewing the evidence the judge or jury will decide if the defendant is responsible for the accident and determine the amount of compensation you'll receive. Based on the particular case, this can take anywhere from one or two days to an entire year. If one of the parties is unhappy with the outcome, they may make an appeal. It can be costly and time-consuming for both parties to file an appeal so it's crucial to plan your appeal as soon as you can after an accident. Why should I choose to hire an attorney? When an accident causes injuries, the victim is faced with costly medical bills and property damage, not to mention lost wages as a result of being in a position of no work. Legal action may be needed in order to receive the compensation you require. A lawyer who specializes in auto accidents can help you determine whether a lawsuit is the right option for your situation. The first step for an attorney would be to obtain your medical records and other documents in connection with the accident. auto accident lawsuit thousand oaks will be used to determine the extent and severity your injuries sustained in a car accident. Interviews with witnesses can be conducted. In some instances experts like engineers or mechanics may be consulted. Based on the circumstances of the car accident depending on the circumstances of your car accident, it could take weeks up to months or a year to go through the entire process of suing in court. This is due to a variety of factors that include negotiations with the insurance company, discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. In this time, the memories may fade, witnesses could move away, or even die, and evidence may be lost. A seasoned attorney for car accidents will guide you through your legal options during a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We'll be able to answer any questions you have regarding whether you should decide to settle or sue and also what damages you can recover.