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Auto Accident Litigation Collect all the documentation that pertains to your accident. This includes medical records, photos and evidence of the accident scene, bills and pay stubs. Memories fade, witnesses may leave or pass away, and evidence could disappear. If you and the defendant fail to agree on a solution in the next phase, then your case will be tried. What is a lawsuit? A lawsuit is a legal action filed in the court of law in which the plaintiff seeks to hold the defendant accountable for a loss. A plaintiff can request the court for monetary compensation or other non-monetary “equitable relief.” The defendant must respond to the complaint and may be required to pay damages if found to be responsible. The first step in the civil process is filing the complaint. The document describes the facts of the case, and sets out the legal basis to hold the defendant responsible for the plaintiff's damages. The defendant must answer the complaint within a predetermined time frame. They can deny any allegations and challenge the plaintiff's arguments, or ask for the case to be dismissed because of a insufficient legal grounds. A defendant may also choose to settle a matter rather than have it tried. A settlement is a voluntary agreement between the parties that puts an end to litigation but without a determination of the parties' liability in exchange for financial award. There are also class action lawsuits, which combine a variety of injury claims into a single claim for compensation. This allows for a more efficient and cost-effective litigation, since multiple individuals are trying to file a claim. This is especially advantageous when the damages are minor and the cost to pursue the case on its own is prohibitive. How do lawsuits function? In lawsuits involving car accidents the process generally begins with a complaint, which is filed in 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 argue against your personal injury claim, or make counterclaims against you. auto accident attorneys columbus can also engage with discovery. This can include depositions, interrogatories, requests to produce (which could include photos, documents or video proof) and requests for admissions. You can settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the party responsible. This is a cheaper and quicker option than going to court. If the insurance company refuses to pay an amount you are able to afford or even a fair amount, your Long Island auto accident attorney might decide to have to take them to court. In general, you can claim damages for the costs you have documented like medical bills and property damages. You can also sue for noneconomic damages, such as pain and suffering. Insurance companies are known for underestimating damages that are not economic. An experienced car accident lawyer can draw on their vast experience to ensure that you receive fairly compensated for your injuries. This is particularly important in the event that the driver who caused the accident does not have insurance or has inadequate insurance coverage to cover damages. What can I expect from a lawsuit? If a person who has been injured in an accident seeks compensation for their injuries or losses they must be prepared to defend their claim. They will need to provide evidence of their treatment, including medical notes and test results as well as receipts related to any medical expenses. They'll have to prove damages, including lost wages, property damage, and discomfort and pain. It is vital to seek medical attention immediately following a crash to treat any injuries and ensure that all details can be documented and then presented to the insurer as proof of loss. During the process of discovery your attorney will question witnesses, experts and more to create a convincing case on your behalf. This may include depositions in which the person testifies under oath as they are confronted by your attorney. This allows both parties to examine all accounts, determine the credibility of the evidence and make an informed decision about the best way to proceed. After looking over the evidence, the judge or jury will decide whether the defendant was responsible for the accident. They will also decide the amount of damages you will be awarded. It could take just a few days to a year depending on the circumstances. If one of the parties is unhappy with the outcome, they may appeal the decision. The process can be lengthy and costly for both parties, so it is essential to prepare your case as soon as possible following an accident. Why should I employ an attorney? When an accident causes injuries, the victim is faced with expensive medical bills and property damage, not to mention lost wages because they are unable to work. Legal action could be necessary to get the compensation you need. An attorney for auto accidents can assist you in determining whether a lawsuit is appropriate in your case. The first thing an attorney will do is request your medical records and other documents related to the accident. The evidence will be used to determine the extent and severity your injuries in a car accident. Witnesses may also be interviewed. In some cases experts such as mechanics or engineers might be called into. It could take weeks, or months to complete the court process dependent on the circumstances of your accident. This is due to a variety of factors, including negotiations with the insurance company, discovery (analyzing evidence from both sides) and setting dates for trial, and preparations. In this time, the memories can disappear, witnesses could go away or even die and evidence can be lost. An experienced attorney for car accidents will walk you through your legal options in a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll answer your questions regarding whether you should either settle or pursue a lawsuit, as well as what damages you are entitled to.