Auto Accident Litigation: The Good, The Bad, And The Ugly
Auto Accident Litigation
The first step is to collect all the documentation related to your accident. This includes medical records, images of the scene as well as bills and pay stubs.
Memories fade, witnesses can go away or die, and evidence could 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 an action in the court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff can seek an amount of money, or other non-monetary "equitable remedies" from the court. The defendant has to respond to the complaint.
The complaint is the primary stage of a civil action. This document outlines all the facts and legal grounds for holding the defendant liable for the plaintiff's losses. The defendant must respond to the complaint within a specified amount of time. They can deny the allegations and counter the plaintiff's arguments, or demand that the case be dismissed due to lack of legal reason.
A defendant can also choose to settle a case rather than have it tried. A settlement is an agreement that is voluntary between parties that puts an end to litigation but without a determination of the liability in exchange for a money-based award.
There are also class actions which combine multiple injuries into a single claim for compensation. This allows for more efficient and cost-effective litigation since multiple individuals are trying to pursue the same claim. This is particularly advantageous when the damages are small and the cost to pursue the case on its own is prohibitive.
How do lawsuits proceed?
In lawsuits involving car accidents the process typically begins with a complaint, that is filed in court and then served on the defendant. The Defendant then has between 20 and 30 days to file their response or answer. During this time, they could make defenses to your personal injury claim, or even make counterclaims against your. They can also make use of discovery. This could include interrogatories (written questions), depositions, requests for production (which could comprise photographs, documents, videos, and/or physical evidence), and requests for admissions.
Based on the severity of your injuries and the insurance coverage of the at-fault party depending on the severity of your injuries, you could choose to settle your case out of court. This is a more cost-effective and faster alternative to going to court. If the insurance company is unwilling to offer you an amount that is reasonable or even a fair amount, your Long Island car accident attorney might choose to take the case to trial.
In general, you can seek damages for the costs you have documented like medical bills or property damages. In addition, you may sue for non-economic damages such as pain and suffering. Unfortunately, insurance companies often lower the amount of compensation for victims when estimating the non-economic damage. A seasoned lawyer in car accidents can draw on their vast experience to ensure that you receive fairly compensated for your injuries. This is especially important when the driver at fault does not have insurance or lacks insurance coverage to cover damages.
What should I expect if I file an action?
If the victim of a car crash seeks compensation for their losses or injuries they must be prepared to defend their claim. They must provide proof of their treatment, such as medical notes and test results and receipts relating to any medical expenses. They'll need to prove damages, such as lost wages as well as property damage, pain and discomfort. This is why it's crucial to seek 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 to prove of loss.
During the discovery process the attorney will speak with witnesses, experts and others to build a strong case on your behalf. This could include depositions, where the witness gives their testimony under oath, and is questioned by your attorney. The parties have the opportunity to listen and discuss each other's accounts, evaluate the credibility of the evidence and then decide which way to proceed.
After reviewing the evidence the judge or jury will decide if the defendant is responsible for the accident and the amount of damages you must receive. This can take between a few days or one year, depending on the circumstances. If one of the parties is unhappy with the decision, they can file an appeal. Appeals can be time-consuming and costly for both parties, therefore it is important to begin preparing your case right away following a crash.
Why should I hire an attorney?
If an accident causes injuries, the victim will have to pay medical bills that can be costly, as well as property damage and lost wages because of being unable to work. It is essential to secure the amount of compensation required. An auto accident lawyer can help you determine if a lawsuit is appropriate for your particular situation.
The first thing an attorney will do is request your medical records as well as other documents relating to the accident. They will make use of this evidence to draw a picture of degree and severity of your injuries from a car accident. Interviews with witnesses could be conducted. In some instances experts such as mechanics or engineers could be brought in.
It could take weeks, or months, to complete the court process in the event of your accident. This is due to a range of factors like negotiations with the insurance company, discovery (analyzing evidence from both sides), setting dates for trial, and preparations. During this time, memories can fade, witnesses can move away or die or pass away, and evidence can be lost.
An experienced car accident attorney will help you understand your legal options during a complimentary consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. auto accident attorneys lorain will be able to answer your questions about whether to either settle or pursue a lawsuit and what damages you can recover.