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Auto Accident Litigation Take all documentation related to the accident. This includes medical records, photos and evidence of the accident scene as well as pay stubs, bills and other documents. auto accident lawyer chandler may disappear witnesses can die or move away and memories may fade. If you and the defendant do not reach a consensus during this phase your case will be taken to trial. What is a lawsuit? A lawsuit is a proceeding in court where the plaintiff attempts to hold the defendant responsible for a loss. A plaintiff can ask the court for monetary compensation or other non-monetary “equitable relief.” The defendant must respond to the lawsuit and may be required to pay damages if found liable. The complaint is the initial step in a civil case. The complaint outlines all facts and legal reasons to hold the defendant accountable for the plaintiff's losses. The defendant has a set amount of time to reply to the complaint. They may argue against the allegations and the arguments of the plaintiff or request that the case be dismissed due to lack of legal reason. In addition the defendant has the option to settle the case instead of going to trial. Settlement is an agreement made between parties that brings an end to litigation without a determination of the liability in exchange for a financial award. There are also class actions which combine multiple injuries into one claim for compensation. This allows for more efficient and cost-effective litigation since many people are pursuing the same claim. This is particularly advantageous when the damages are minor and the cost to litigate on your own would be prohibitive. How does a lawsuit work? In car accident lawsuits, the process typically starts with a formal complaint, which is filed in court and then sent to the defendant. The defendant has between 20-30 days to reply, also known as an answer. In this time, they can argue defenses against your personal injury claim, and/or bring a counterclaim against your. They may also use discovery. This could include interrogatories, depositions or requests to produce (which may include photos, documents videos, documents, and/or physical proof), and requests for admission. You can settle your case outside of court, based on the severity of the injuries you sustained and the insurance coverage of the party who was at fault. This is more cost effective and less time-consuming than going to trial. If the insurance company refuses to pay you a fair amount then your Long Island auto accident attorney might decide to bring them to the court. In general, you can claim damages for the costs you have documented like medical bills or property damages. You may also sue for noneconomic damages, such as pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A seasoned lawyer in car accidents can use their extensive experience to ensure that you receive fairly compensated for your losses. This is particularly important when the person at fault has no insurance or inadequate insurance coverage to cover damages. What can I expect from a lawsuit? If the victim of a car crash seeks compensation for their losses or injuries they must be prepared to defend their claim. They will have to provide documentation of their treatment including medical notes and test results as well as receipts related to medical expenses. They will need to prove damages, including loss of wages or property damage, as well as discomfort and pain. It is important to seek medical attention immediately after a collision for any injuries, so that all information is documented and provided to the insurer to prove the loss. During the discovery process Your attorney will interview witnesses, experts and others to establish a solid case on your behalf. This may include depositions in which the person gives their testimony under oath, and is questioned by your attorney. This allows both parties the opportunity to listen and discuss each witnesses' accounts, evaluate the credibility of the evidence and decide what to do next. After looking over the evidence, the judge or jury will decide which party is responsible for the incident. They will also determine the amount of damages you are entitled to. The process can take anywhere from a few days and over one year, depending on the circumstances. If one party is dissatisfied with the outcome, they can file an appeal. Appeals can be time-consuming and expensive for both parties, which is why it is crucial to plan your case immediately after a crash. Why should I engage an attorney? If an accident causes injuries the victim is required to pay for medical bills that are costly, as well as property damage and lost wages because of being unable to work. Legal action is often required to get the compensation you require. An attorney in auto accidents can help determine if the filing of a lawsuit is appropriate in your particular situation. The first thing an attorney will do is ask for your medical records and other documents related to the accident. This evidence will be used to determine the severity and extent of your injuries in a car accident. Witnesses may also be interviewed. In certain cases, experts such as mechanics or engineers can be brought in. Depending on the facts of the car accident depending on the circumstances of your car accident, it could take weeks up to months or an entire year to complete the entire process of suing in the court. This is due to a number of factors, such as negotiations with insurance companies, discovery (analyzing the evidence from both sides) and establishing dates for trial, aswell with the preparations for a trial. In this time, the memories can disappear, witnesses could go away or even die, and evidence may be lost. An experienced attorney for car accidents will help you understand your legal options in a free consultation. Contact Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions about whether to decide to settle or sue and what damages you are entitled to.