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Why Nobody Cares About Auto Accident Litigation
auto accident lawyer mount pleasant

Gather all documentation related to your accident. This includes medical records, photos of the accident scene along with pay stubs and bills.

Evidence can vanish, witnesses may die or move away and memories can fade. If you and the defendant cannot come to an agreement during this phase, your case will go to trial.

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 responsible for a loss. A plaintiff can seek monetary compensation, or other non-monetary "equitable remedies" from the court. The defendant will have to respond to the complaint.

The complaint is the initial step in a civil lawsuit. The complaint outlines all facts and legal reasons for holding the defendant liable for the plaintiff's losses. The defendant must respond to the complaint within a specific time frame. They can deny the allegations and challenge the plaintiff's arguments, or they can demand that the case be dismissed due to lack of legal reason.

In addition, a defendant may choose to settle the case instead of going to trial. Settlement is an agreement made between parties that brings an end to litigation, but without a determination of responsibility in exchange for monetary award.

There are also class action lawsuits which combine many injury claims into one to recover compensation. This results in a more cost-effective and efficient litigation since many people are trying to file a claim. This is especially beneficial when the injuries are relatively small and the expense to litigate individually would be prohibitive.

What is the procedure for a lawsuit?

In lawsuits involving car accidents the process typically begins with a complaint which is filed in court and served to the defendant. The defendant has between 20 to 30 days to respond, also called an answer. During this period, they may present defenses to your personal injury claim and/or file counterclaims against you. They can also make use of discovery. This could include interrogatories, depositions, requests to produce (which may include documents, photos video, or physical evidence) and requests for admission.

You can settle your case outside of court depending on the severity of the injuries you sustained as well as the insurance coverage of the person who caused the accident. This is more economical and quicker than pursuing a trial. If the insurance company refuses to pay the amount you deserve or even a fair amount, your Long Island auto accident attorney might decide to take them to the court.

Generally speaking, the damages you are entitled to recover include your documented costs such as medical bills and property damage. You may also sue for noneconomic damage, such as pain and suffering. Unfortunately, insurance companies typically undervalue victims when it comes to estimating non-economic damages. A lawyer for car accidents with years of experience can guarantee that you are compensated fairly for your losses. This is particularly crucial in the event that the at-fault driver has no insurance or insufficient insurance coverage to cover your damages.

What can I expect from a lawsuit?


If a victim of a car accident is seeking compensation for their injuries and losses they have to be prepared to defend their claim. They will have to provide evidence of their treatment, including doctor's notes and results from tests along with receipts relating to medical expenses. They will need to prove damages, such as lost wages damages to property, pain and discomfort. It is essential to seek medical attention as soon as possible following a crash to treat any injuries so that all the information is documented and provided to the insurer to prove the loss.

During the discovery phase during the discovery phase, your attorney will interview witnesses, experts, and others to build an evidence-based case for you. This may include depositions, in which the person testifies their testimony under oath, and is questioned by your attorney. This lets both parties hear all accounts, assess the credibility of the testimony and take a decision on what to do next.

After having reviewed the evidence, the judge or jury will decide whether the defendant is responsible for the accident. They will also decide the amount of damages that you are entitled to. Based on the particular case, this could take anywhere from just a few days to more than a year. If either party is dissatisfied with the outcome, they may appeal the decision. Appeal hearings can be long and costly for both parties, so it is important to begin preparing your case immediately after a crash.

Why should I employ an attorney?

When an accident causes injuries, the victim is faced with costly medical bills and property damage, as well as lost wages as a result of being incapable of working. Legal action might be required to get the compensation you need. An auto accident attorney can help determine if the filing of a lawsuit is necessary in your situation.

The first step for an attorney will be to request your medical records and other documentation related to the crash. They will use this evidence to paint a picture of the extent and severity of your car accident-related injuries. Witnesses could also be interviewed. In certain cases experts such as engineers or mechanics could be brought in.

Depending on the facts of your car accident depending on the circumstances of your car accident, it could take weeks up to months or a year to go through the entire process of suing in court. This is due to a variety of factors including negotiations with the insurance company, discovery (analyzing evidence from both sides), setting the dates for court and trial preparations. In this period memories may fade, witnesses may leave or pass away and evidence may be lost.

A lawyer who handles car accidents will help you understand the legal options you have during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We will be able to answer all your questions regarding whether or not to sue and the damages you could be able to recover.

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