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Take all documentation related to the accident. This includes medical records, photos and evidence of the accident scene as well as pay stubs, bills and other documents.
Memories fade, witnesses can disappear or die, and evidence may vanish. If you and the defendant are unable to reach an agreement in this stage your case will be taken to trial.
What is a lawsuit?
A lawsuit is a legal action brought in a court of law wherein the plaintiff seeks to make 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 suit and may be forced to pay damages if found liable.
The complaint is the primary stage of a civil action. The complaint outlines all facts and legal reasons for holding the defendant responsible for the plaintiff's losses. The defendant has a certain amount of time to reply to the complaint. They can challenge the allegations and the arguments of the plaintiff or request that the case be dismissed for lack of legal grounds.
A defendant may also decide to settle the case rather than having it tried. A settlement is a deal reached by the parties to end litigation without determining liability for money.
There are also class action lawsuits, which combine numerous injury claims into one claim for compensation. This results in a more efficient and cost-effective litigation because multiple people are seeking compensation. This is especially advantageous when the damages are small and the cost of individual litigation could be prohibitive.
What is the procedure for a lawsuit?
In lawsuits involving car accidents the process typically starts with a complaint that is filed in court and served to the defendant. The defendant then has between 20 and 30 days to file their response called an answer. During this time, they can defend against your personal injury claim and/or file a counterclaim against you. They may also use discovery. This could include interrogatories (written questions), depositions, requests for production (which could include videos, documents, photos or even physical evidence), and requests for admissions.
Depending on the degree of your injuries and the at-fault party's insurance coverage depending on the severity of your injuries, you could choose to settle your case outside of court. This is a cost-effective and quicker option than going to court. If the insurance company is not willing to provide you with a reasonable amount of money then your Long Island car accident attorney might decide to take the case to trial.
Generally, the damages you can be compensated for are the documented costs such as medical bills and property damage. You may also sue for noneconomic damages like pain and suffering. Unfortunately, insurance companies often lowball victims when they estimate damages that are not economic. A car accident lawyer with years of experience can guarantee that you receive fair compensation for your losses. This is especially important if the driver at fault does not have insurance or has inadequate insurance coverage to cover damages.
What do I get from a lawsuit?
If a person who has been injured in a car crash seeks compensation for their losses or injuries they must be prepared to contest their claim. They'll likely require evidence of their treatment. This could include medical notes and tests results, as well in receipts for any medical expenses that are related to the accident. They'll also have to prove their damages such as loss of income, property damage, and pain and suffering. This is why it's crucial to get medical attention for any injury within a short time after a crash, to ensure that all information is recorded and then presented to the insurance company as proof of loss.
During the discovery phase the attorney will speak with experts, witnesses as well as other people to build an argument that is solid for you. This may include depositions, where the witness gives their testimony under oath, and is asked questions by your attorney. This gives both parties the opportunity to listen to other's stories, evaluate the credibility of the testimony and then decide the best way to proceed.
After reviewing the evidence, the judge or jury will decide whether the defendant was accountable for the accident. They will also decide the amount of damages you should be awarded. This can take between a few days or an entire year based on the circumstances. If you're unhappy with the outcome, either party can appeal. It can be expensive and time-consuming for both parties to appeal so it's crucial to prepare your case immediately following a crash.
Why should I employ an attorney?
If an accident results in injuries the victim will be required to pay medical bills that can be costly and also the cost of property damage and lost wages because of the inability to work. Legal action may be needed to get the compensation you need. An attorney for
surfside auto accident law firm accidents can assist you in determining whether a lawsuit is the right option for your particular situation.
The first step of an attorney's job will be to obtain your medical records and other documents that is related to the accident. They will use this evidence to create a picture of degree and severity of your injuries from a car accident. Witnesses could also be interviewed. In certain cases experts like engineers or mechanics could be brought in.
It could take weeks, or 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, discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. During this time memories can fade, witnesses could disappear or die or die, and evidence could be lost.
A lawyer for car accidents will assist you with the legal options that are available to you in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions about whether or not to sue and what damages you may be able to recover.