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Auto Accident Litigation The first step is gathering all documentation pertaining to your accident. This includes medical records, photographs and evidence of the accident scene as well as pay stubs, bills and other documents. Memories fade, witnesses might go away or die, and evidence may vanish. If you and the defendant cannot reach an agreement in this stage, then your case will be tried. What is a lawsuit? A lawsuit is a proceeding in court where the plaintiff tries to hold the defendant responsible for the loss. A plaintiff could seek monetary compensation, or other non-monetary “equitable remedies” from the court. The defendant is required to respond to the complaint. The complaint is the primary step of a civil case. This document outlines all the facts and legal grounds for holding the defendant liable for the plaintiff's losses. The defendant is given a specific period of time to respond to the complaint. They may deny the allegations and counter the arguments of the plaintiff or request that the case be dismissed for lack legal cause. A defendant can also opt to settle the case rather than have it tried. Settlement is a voluntary agreement between the 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 injury claims into one claim for compensation. This allows for more cost-effective and efficient litigation because multiple people are pursuing a claim. This is particularly advantageous when the injuries are relatively small and the costs of individual litigation would be prohibitive. How do lawsuits function? In car accident lawsuits, the process usually starts with a formal complaint which is filed in the courtroom, and then delivered to the defendant. The defendant is given between 20 and 30 days to reply, also known as an answer. During this period, they can make defenses to your personal injury claim, and/or make counterclaims against you. They may also engage in discovery. This could include interrogatories (written questions) depositions, depositions, requests for production (which could include videos, documents, photos or physical evidence) and requests for admissions. Depending on the degree of your injuries and the insurance coverage of the at-fault party or coverage, you can choose to settle your case out of court. This is a less costly and faster alternative to going to court. If the insurance company refuses to pay you the amount you deserve then your Long Island auto accident attorney may decide to take them to court. The damages you are entitled to get are those that you have documented like medical bills and property damage. In addition, you may claim non-economic damages, such as pain and suffering. Insurance companies are notorious for underestimating the non-economic damages. An experienced car accident lawyer can draw on their vast experience to ensure you are fairly compensated for your injuries. This is particularly important when the driver at fault has no insurance or inadequate insurance coverage to pay for damages. What can I expect should I start a lawsuit? If a victim of a car collision is seeking compensation for their losses and injuries They must be prepared to fight for their claim. They'll likely require documentation of their treatment, which could include medical notes and tests results, as well the receipts of any medical expenses incurred due to the accident. They'll need to prove damages, such as lost wages, property damage, and pain and discomfort. It is crucial to seek medical attention right away following a crash to treat any injuries to ensure that all information is documented and provided to the insurance company as proof of loss. During the discovery stage during the discovery phase, your attorney will interview witnesses, experts and other individuals to create a solid case for you. This could include depositions where witnesses testify under oath as they are challenged by your attorney. The parties have the opportunity to hear each other's testimony, assess the strength of the evidence and decide on how to proceed. After review of the evidence, a judge or jury will decide whether the defendant was accountable for the incident. They will also decide the amount of damages you will be awarded. Depending on the case, this can take anywhere from just a few days to more than a year. If either party is dissatisfied with the decision, they can appeal. auto accident attorney west jordan can be expensive and time-consuming for both parties to appeal therefore it is important to plan your appeal immediately following a crash. Why should I hire a lawyer? When an accident causes injuries, the victim faces expensive medical bills and property damage, plus lost wages as a result of being incapable of working. Legal action is often required to secure the compensation you require. An attorney in auto accidents will help you determine if the filing of a lawsuit is appropriate in your situation. The first thing an attorney will do is ask for your medical records and other documents related to the accident. They will use this evidence to create a picture of magnitude and severity of your car accident injuries. Interviews with witnesses can also take place. In certain instances experts such as mechanics and engineers may be called to testify. Depending on the facts of your car accident It could take weeks, months, or even the whole year to complete the entire process of suing in the court. This is due to a range of factors, including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting the dates for court and trial preparations. During this time, memories may fade, witnesses could move away, or even die, and evidence may be lost. A lawyer who handles car accidents will assist you with the legal options that are available to you in a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll be able to answer any questions you have about whether to either settle or pursue a lawsuit and what damages you could recover.