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Auto Accident Litigation The first step is gathering all documentation pertaining to your accident. This includes medical records, photos and evidence of the scene, bills and pay stubs. Memories fade, witnesses can leave or pass away, and evidence could disappear. If you and the defendant cannot reach an agreement at this point, your case will go 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 ask for 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 of a civil case. This document provides all the facts and legal reasons for determining the defendant's liability for the plaintiff's losses. auto accident attorneys glendale is given a specific period of time in which they must respond to the complaint. They can deny any allegations and counter the plaintiff's arguments, or they can demand that the case be dismissed because of a lack of legal cause. A defendant can also choose to settle a case instead than having it tried. Settlement is an agreement that is voluntary 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 injuries into a single claim for compensation. This allows for a more cost-effective and efficient litigation because multiple people are pursuing a claim. This is especially advantageous when the injuries are relatively small and the cost of individual litigation would be prohibitive. What is the procedure for a lawsuit? In lawsuits involving car accidents, the process typically starts with a lawsuit, which is filed in court and then served on the defendant. The defendant then has between 20 and 30 days to file their response, known as an answer. During this time they may make defenses against your personal injury claim, and/or make a counterclaim against you. They may also be involved in discovery. This can include interrogatories (written questions) depositions, depositions, requests for production (which could comprise photographs, documents, videos or even physical evidence) and requests for admissions. Depending on the degree of your injuries and the insurance coverage of the person who caused your injuries or coverage, you can choose to settle your case out of court. This is a less costly and faster alternative to going to court. If the insurance company refuses to pay you an amount that is fair, your Long Island auto accident attorney could decide to take them to the court. In general, you can claim damages for your documented expenses like medical bills or property damage. Additionally, you can seek compensation for noneconomic damages like pain and suffering. Unfortunately, insurance companies typically lower the amount of compensation for victims when it comes to estimating non-economic damages. A lawyer who has years of experience can guarantee that you receive fair compensation for your losses. This is especially important in the event that the at-fault driver is not insured or has inadequate insurance coverage to cover your losses. What can I expect should I decide to file a lawsuit? If a victim of a car accident seeks compensation for their injuries or losses they must be prepared to fight their claim. They will have to provide proof of their treatment, such as medical notes and test results along with receipts relating to any medical expenses. They'll also need prove their damages, including lost income as well as property damage, suffering and pain. It is important to seek medical attention promptly following a crash to treat any injuries to ensure that all information can be documented and presented to the insurance company to prove the loss. During the discovery stage, your attorney will interview experts, witnesses and other individuals to create an argument that is solid for you. Depositions are a common method where the witness gives their testimony under oath, and is asked questions by your attorney. The parties are able to review all evidence, evaluate the credibility of the testimony and make the decision on what to do next. After having reviewed the evidence, the judge or jury will decide whether the defendant was responsible for the accident. They will also determine the amount of damages that you will be awarded. Depending on the case, this could take anywhere from just a few days to more than one year. If either party is unhappy with the decision, they can appeal the decision. Appeal hearings can be long and expensive for both parties, therefore it is important to prepare your case right away after the crash. Why should I engage an attorney? When an accident causes injuries, the victim faces high medical costs and property damage, as well as lost wages because they are unable to work. Legal action could be necessary to obtain the compensation you need. A lawyer for auto accidents can help you determine whether a lawsuit is appropriate for your situation. An attorney's first step will be to ask for your medical records and other documentation connected to the crash. They will make use of this evidence to sketch a picture of the severity and extent of your car accident-related injuries. Witnesses could also be interviewed. In some cases, experts such as mechanics or engineers can be brought in. It could take weeks, even months to complete the court process according to the circumstances of your accident. This is due to a variety of factors, including negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting the dates for court and trial preparations. During this time memories can fade, witnesses could go missing or die or die, and evidence could be lost. A lawyer for car accidents will walk you through the legal options that are available to you during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions regarding whether or how to proceed and the damages you could be able to recover.