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Auto Accident Litigation Gather all documentation regarding your accident. This includes medical records, photographs and evidence of the scene of the crash including bills and pay stubs. Memory fades, witnesses could leave or pass away, and evidence can disappear. If you and the Defendant cannot come to an agreement during this time your case will go to trial. What is a lawsuit? A lawsuit is an action filed in the court where the plaintiff tries to hold the defendant responsible for a loss. A plaintiff can ask the court for financial compensation or other non-monetary “equitable relief.” The defendant must respond to the lawsuit and may be required to pay damages if they are found liable. The complaint is the first step in a civil case. The complaint is a document that outlines the facts of the case and spells out the legal foundations for holding the defendant accountable for plaintiff's damages. The defendant must answer the complaint within a specified amount of time. They may deny the allegations and counter the arguments of the plaintiff or ask to have the case dismissed due to lack of legal reason. A defendant may also choose to settle a case instead than attempting to resolve it. A settlement is a deal reached between the parties in order to end litigation without determining the liability in exchange for money. There are also class action lawsuits which combine a variety of injury claims into a single claim to recover compensation. This allows for more cost-effective and efficient litigation as multiple parties are pursuing 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 is the procedure for a lawsuit? In lawsuits involving car accidents the process usually starts with a lawsuit, which is filed with the court and served to the defendant. The defendant has between 20 and 30 days to respond which is known as an answer. During this time they may raise defenses against your personal injury claim, and/or bring a counterclaim against your. They may also engage in discovery. This could include interrogatories, depositions, requests to produce (which may include documents, photos, video, and/or physical proof), and requests for admissions. You may settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the party at fault. This is a cost-effective and quicker option than going to court. If the insurance company refuses to pay you the amount you deserve and you are not satisfied, your Long Island auto accident attorney may decide that they will go to court. In general, you can recover damages for the documented costs like medical bills and property damages. In addition, you can claim non-economic damages, such as pain and suffering. Unfortunately, insurance companies often lower the amount of compensation for victims when they estimate the non-economic damage. A seasoned lawyer in car accidents can draw on their vast experience to ensure that you get fairly compensated for your injuries. This is particularly important in cases where the at-fault party does not have insurance or has insufficient insurance coverage to cover your losses. What can I expect from a lawsuit? When a person who has been injured in a car crash is seeking compensation for their losses and injuries they should be prepared to pursue their claim. They will likely need documentation of their treatment. This could include doctor's notes and tests results, as well as receipts for any medical expenses incurred in connection with the accident. They'll also need to prove their damages, including loss of income or property damage as well as suffering and pain. It is essential to seek medical attention promptly after a crash, in case of injuries to ensure that all information can be documented and presented to the insurer to prove the loss. During the discovery process your attorney will question witnesses, experts and more to build a strong case on your behalf. Depositions are a common method where the person is required to give their testimony under oath and is asked questions by your attorney. This allows both parties to examine all accounts, determine the credibility of the testimony and make an informed decision about how to proceed. After having reviewed 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. Based on the particular case, this can take anywhere from a few days to over a year. If you're unhappy with the result both parties have the option of appealing. It can be expensive and time-consuming for both parties to file an appeal which is why it's essential to plan your appeal as soon as you can after an accident. Why should I choose to hire an attorney? If an accident causes injuries the victim will be required to pay expensive medical bills along with damages to property and lost wages because of the inability to work. Legal action may be needed to get the compensation you require. A lawyer who specializes in auto accidents can help you determine whether a lawsuit would be appropriate for your situation. The first thing an attorney will do is ask for your medical records and other documents relating to the accident. The evidence will be used to determine the extent and severity the injuries you sustained in a vehicle accident. Witnesses are also interviewed. In certain instances experts like engineers or mechanics can be consulted. Depending on the facts of your car accident depending on the circumstances of your car accident, it could take weeks up to months or one year to complete the entire process of suing in court. This is due to a number of factors, including negotiations with insurance companies as well as discovery (analyzing the evidence from both parties), setting court dates, as well as trial preparations. In this period memories fade, witnesses can go missing or die or die, and evidence could be lost. auto accident lawyer virginia beach 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 your questions about whether to settle or sue and what damages you can recover.