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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 crash scene such as bills and pay stubs. Memory fades, witnesses could leave or pass away, and evidence can disappear. If you and the defendant do not reach a consensus in this stage the case will go to trial. What is a lawsuit? A lawsuit is an action filed in court where the plaintiff attempts 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 first step in a civil lawsuit is to file the complaint. This document outlines the facts of the case, and sets out the legal grounds for holding the defendant responsible for the plaintiff's damages. The defendant must respond to the complaint within a certain period of time. They can contest the allegations and the arguments of the plaintiff or ask to have the case dismissed due to lack of legal reason. In addition, a defendant may choose to settle the case rather than going to trial. A settlement is an agreement reached by the parties to end litigation without determining liability for money. There are also class actions which combine multiple injuries into one claim for compensation. This allows for more efficient and cost-effective litigation since multiple individuals are pursuing the same claim. This is particularly advantageous when the injuries are relatively small and the cost to litigate individually would be prohibitive. How does a lawsuit work? In lawsuits involving car accidents the process typically begins with a complaint which is filed in court and then served on the defendant. The defendant is given between 20 to 30 days to respond, also called an answer. During this period, they can raise defenses to your personal injury claim or make counterclaims against you. They may also be involved in discovery. This includes interrogatories (written questions) depositions, depositions, requests for production (which could comprise videos, documents, photos or even physical evidence), and requests for admissions. Based on the severity of your injuries as well as the at-fault party's insurance coverage, you may choose to settle your case outside of court. This is more cost effective and quicker than pursuing a trial. If the insurance company is unable to provide you with a fair amount of money or even a fair amount, your Long Island car accident attorney might choose to take them to trial. The damages you are entitled to receive are your documented expenses such as medical bills and property damage. You can also sue for non-economic damages, such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer who has vast experience can make sure that you get fair compensation for your losses. This is particularly crucial when the driver at fault does not have insurance or lacks insurance coverage to cover your damages. What can I expect from a lawsuit? If a victim of a car collision seeks compensation for their losses and injuries, they must be prepared to fight for their claim. They must provide documentation of their treatment including medical notes and test results as well as receipts related to any medical expenses. They will need to prove damages, including loss of wages damages to property, discomfort and pain. It is crucial to seek medical attention as soon as possible after a crash, in case of injuries, so that all information can be documented and presented to the insurer as proof of loss. During the discovery process Your attorney will interview witnesses, experts and more to create a convincing case on your behalf. Depositions are a common method where the witness gives their testimony under oath and is questioned by your attorney. This allows both parties to listen to all the accounts, evaluate the credibility of the testimony, and then make an assessment of what to do next. After examining the evidence, a judge or jury will decide if the defendant is responsible for the incident and the amount of compensation you'll receive. Depending on the case, it could take from several days to an entire year. If one of the parties is unhappy with the outcome, they can file an appeal. The process can be lengthy and costly for both parties, which is why it is crucial to plan your case quickly after an accident. Why should I employ a lawyer? If an accident results in injuries, the victim has to pay costly medical bills and property damage, plus lost wages from being in a position of no work. Legal action might be required in order to receive the compensation you need. 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 ask for your medical records and other documentation in connection with the accident. This evidence will be used to determine the severity and extent of your injuries in a car accident. Interviews with witnesses can be conducted. In some cases, experts such as engineers or mechanics could be called in. Based on the circumstances of the car accident, it could take weeks and months or one year to complete the entire process of suing in court. This is due to a variety of factors that include negotiations with the insurance company and discovery (analyzing evidence from both sides) and setting court dates, and trial preparations. In this period, memories can fade, witnesses could disappear or die or die, and evidence could be lost. A car accident lawyer will assist you with the legal options you have during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. auto accident attorney ventura can answer all your questions about whether or not you should sue and the damages you could be able to recover.