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Auto Accident Litigation The first step is to collect all documentation pertaining to your accident. This includes medical records, photographs and evidence of the scene including bills and pay stubs. Memories fade, witnesses may move away or die and evidence may vanish. If you and the defendant fail to reach a consensus in this stage, your case will be tried. What is a lawsuit? A lawsuit is a legal proceeding filed in the court of law in which the plaintiff seeks to hold the defendant responsible for a loss. A plaintiff may seek monetary compensation, or other non-monetary “equitable remedies” from the court. The defendant must to respond to the complaint. The complaint is the first step in a civil case. The document contains all the facts and legal bases to hold the defendant accountable for the plaintiff's losses. The defendant has a set amount of time to reply to the complaint. They can deny any allegations and counter the plaintiff's arguments, or they can request that the case be dismissed because of a lack of legal cause. In addition the defendant has the option to settle the case rather than going to trial. Settlement is an agreement made between parties that brings an end to litigation but without any determination of the liability in exchange for a cash settlement. There are also class actions, which combine multiple injury claims into a single claim for compensation. This makes for more cost-effective and efficient litigation as multiple parties are trying to pursue the same claim. This is especially beneficial when the damages are small and the cost to pursue the case on its own is prohibitive. What happens when a lawsuit is filed? In lawsuits involving car accidents, the process typically begins with a formal complaint that is filed in court and then served on the defendant. The defendant is then given between 20 and 30 days to respond, known as an answer. In this time they may defend against your personal injury claim and/or file a counterclaim against you. They may also engage in discovery. This includes interrogatories (written questions) as well as depositions, requests for production (which could comprise videos, documents, photos or even physical evidence), and requests for admission. You can settle your case outside of court, based on the severity of the injuries you sustained and the insurance coverage of the party at fault. This is less expensive and faster than going to trial. If the insurance company refuses to pay the amount you deserve then your Long Island auto accident attorney may decide 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 sue for non-economic damages such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer experienced in car accidents with years of experience can guarantee that you receive fair compensation for your damages. This is especially crucial when the person at fault does not have insurance or lacks insurance coverage to cover damages. What can I expect should I decide to file a lawsuit? When a person who has been injured in a car crash seeks compensation for their injuries and losses they should be prepared to pursue their claim. They'll likely require proof of their treatment, which could include doctors' notes and tests results, as well in receipts for any medical expenses incurred due to the accident. They'll need to show damages, such as lost wages or property damage, as well as discomfort and pain. This is why it's vital to get medical attention for any injury immediately following a crash making sure that all details are documented and is then presented to the insurance company to prove of loss. During the discovery stage, your attorney will interview experts, witnesses and other witnesses to construct an argument that is solid for you. This could include depositions in which the witness is required to testify under oath, while being questioned by your attorney. This lets both parties review all evidence, evaluate the strength of the testimony and make an informed decision about what to do next. After looking over the evidence, the judge or jury will decide whether the defendant is responsible for the incident. They will also decide the amount of damages that you will be awarded. The case will vary, but this could take anywhere from just a few days to more than one year. If one of the parties is unhappy with the outcome, they may appeal. It's expensive and time-consuming for both parties to appeal so it's crucial to plan your appeal immediately following the crash. Why should I choose to hire a lawyer? If an accident results in injuries the victim will need to pay for medical bills that are costly in addition to property damage and lost wages due to the inability to work. Taking legal action may be necessary to get the compensation that is required. An auto accident attorney can assist you in determining if it is advisable to file a lawsuit for your situation. The first step for an attorney will be to ask for your medical records as well as other documentation connected to the accident. This evidence will be used to determine the extent and severity your injuries from a car accident. Witnesses could also be interviewed. In some instances experts such as engineers or mechanics can be consulted. Depending on the facts of your car accident, it could take weeks, months, or even one year to complete the entire process of suing in court. This is due a number of factors, including negotiations with insurance companies, discovery (analyzing the evidence from both parties), setting court dates, as well being prepared for trial. During auto accident law firm athens , memories may fade, witnesses might move away or even die and evidence may be lost. A lawyer who handles car accidents will guide you through the legal options that are available to you in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or not to sue and what damages you may be able to claim.