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Auto Accident Litigation Gather all documentation related to the accident This includes medical records photographs and evidence of the scene such as bills and pay stubs Evidence can vanish witnesses may disappear or die and memories may fade If you and the defendant are unable to reach an agreement during this time your case will go to trial What is a lawsuit A lawsuit is an action filed in court in which the plaintiff seeks to hold the defendant responsible for the loss A plaintiff can request the court for compensation in cash or other nonmonetary equitable relief The defendant must respond to the complaint and may be required to pay damages if found to be liable The first step in the civil court process is to file the complaint The complaint is a document that outlines the facts of the case and lays out the legal grounds for holding the defendant accountable for the plaintiffs damages The defendant has a predetermined amount of time to respond to the complaint auto accident attorneys tallahassee 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 can choose to settle the case rather than going to trial Settlement is an agreement reached between the parties to end litigation without determining the liability in exchange for money There are also class action lawsuits that combine multiple injury claims into a single claim to recover compensation This allows for more efficient and costeffective litigation as multiple parties are fighting the same case This is particularly beneficial when the damages are small and the costs of individual litigation would be prohibitive How do lawsuits work In lawsuits involving car accidents the process typically begins with a complaint which is filed in the court and served to the defendant The defendant has 2030 days to respond also called an answer During this period they may make defenses against your personal injury claim andor make a counterclaim against you They can also engage with discovery This can include interrogatories written questions depositions requests for production which could comprise documents photos videos or physical evidence and requests for admissions Depending on the severity of your injuries as well as the atfault partys insurance coverage you may choose to settle your case out of court This is a less costly and quicker alternative than going to court However if the insurance company is not willing to pay you an amount that is reasonable or even a fair amount your Long Island car accident attorney might decide to take them to trial Generally speaking the damages you can get are those that you have documented like medical bills and property damage In addition you may sue for noneconomic damages such as pain and suffering Unfortunately insurance companies tend to lowball victims when they estimate noneconomic damages A lawyer for car accidents with years of experience can guarantee that you get fair compensation for your losses This is particularly crucial in the event that the driver who caused the accident does not have insurance or lacks insurance coverage to pay for damages What can I expect when I file a lawsuit If a victim of a car accident seeks compensation for their injuries and losses they have to be prepared to fight for their claim Theyll likely require documentation of their treatment which could include doctors notes and tests results as well in receipts for any medical expenses related to the accident They will also need to show their damages such as loss of income property damage and pain and suffering This is why its crucial to seek medical attention for any injuries immediately following a crash so all information is documented and provided to the insurance company to prove of loss During the discovery phase Your attorney will talk to witnesses experts and others to build an evidencebased case for you This could include depositions in which the witness is required to testify under oath as they are challenged by your attorney This allows both parties the opportunity to listen to witnesses accounts evaluate the credibility of the testimony and decide on what to do next After reviewing the evidence a judge or jury will decide if the defendant is accountable for the accident and the amount of compensation youll be awarded The case will vary but it could take anything from just a few days to more than a year If youre unhappy with the result either party can appeal Appeals can be timeconsuming and costly for both parties so it is essential to prepare your case as soon as possible after a crash Why should I engage an attorney When an accident causes injuries the victim is faced with high medical costs and property damage as well as lost wages as a result of being unable to work Legal action could be necessary to obtain the compensation you need An auto accident lawyer can help you determine if a lawsuit is appropriate for your situation The first thing an attorney will do is request your medical records and other documents relating to the accident They will use this evidence in order to create a picture of degree and severity of your car accident injuries Witnesses could also be interviewed In certain instances experts like mechanics or engineers might be called to testify Based on the circumstances of the car accident depending on the circumstances of your car accident it could take weeks or months or the whole year to complete the entire process of litigation in court This is due to a range of factors such as negotiations with insurance companies discovery analyzing the evidence from both sides setting court dates as well in the preparations for trial In this time the memories can disappear witnesses could go away or even pass away and evidence can be lost An experienced lawyer for car accidents will guide you through your legal options during a complimentary consultation Contact Bruscato Law today to schedule your appointment in Monroe LA We can answer your questions about whether or not you should pursue a lawsuit and the damages you could be able to claim