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Auto Accident Litigation The first step is gathering all the documentation related to your accident This includes medical records photos and evidence of the crash scene including bills and pay stubs Memories fade witnesses can disappear or die and evidence could disappear If you and the defendant are unable 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 a court of law where the plaintiff seeks to hold the defendant accountable for any loss A plaintiff may request the court for financial compensation or other nonmonetary equitable relief The defendant must respond to the suit and may be required to pay damages if found to be liable The complaint is the primary stage of a civil action The document contains all the facts and legal grounds for holding the defendant responsible for the plaintiffs losses The defendant must respond to the complaint within a specific period of time They can deny all allegations and refute the plaintiffs arguments or they can ask for the case to be dismissed because of a lack of legal reason A defendant can also choose to settle the case rather than attempting to resolve it Settlement is an agreement reached by the parties to end litigation without determining the liability in exchange for money There are also class action lawsuits which combine many injury claims into one for compensation This makes for more efficient and costeffective litigation as multiple parties are trying to pursue the same claim This is particularly beneficial when the injuries are relatively small and the cost to litigate individually would be prohibitive How do lawsuits function In car accident lawsuits the process usually begins with a formal lawsuit that is filed in court and then delivered to the defendant The defendant has 20 to 30 days to respond also known as an answer During this time they can defend against your personal injury claim andor file a counterclaim against you They may also engage in discovery This includes interrogatories written questions and depositions They also can make requests for production which could comprise videos documents photos andor physical evidence and requests for admissions You can settle your case without going to court based on the severity of the injuries you sustained as well as the insurance coverage of the party responsible This is more cost effective and quicker than going to trial However if the insurance company is unable to pay you an amount that is reasonable or even a fair amount your Long Island car accident attorney might decide to take the case to trial In general you can recover damages for your documented costs such as medical bills and property damages Additionally you can sue for noneconomic damages such as pain and suffering Insurance companies are notorious for underestimating the noneconomic damages A lawyer for car accidents with vast experience can make sure that you get fair compensation for your losses This is particularly crucial if the driver at fault is not insured or has inadequate insurance coverage to cover damages What can I expect when I decide to file an action When a person who has been injured in a car crash is seeking compensation for their injuries and losses they must be prepared to defend their claim auto accident attorney waterloo will need to provide proof of their treatment such as doctors notes and test results and receipts relating to medical expenses Theyll have to prove damages such as loss of wages property damage and discomfort and pain This is why its crucial to get medical attention for any injuries immediately following a crash to ensure that all information is recorded and is then presented to the insurance company as proof of loss During the process of discovery your attorney will interview witnesses experts and others to build a strong case for you Depositions are a common method where the witness gives their testimony under oath and is asked questions by your attorney This allows both parties the chance to listen to each others stories evaluate the strength of the testimony and decide the best way to proceed After having reviewed the evidence the judge or jury will decide which party is responsible for the accident They will also decide the amount of damages you will be awarded Depending on the case it could take from several days to one year If one party is dissatisfied with the outcome they may file an appeal The process of appealing can be timeconsuming and costly for both parties so it is important to begin preparing your case immediately following a crash Why should I engage an attorney If an accident causes injuries the victim will need to pay for medical bills that are costly along with property damage and lost wages due to the inability to work Legal action is often required in order to receive the compensation you need An attorney for auto accidents can help determine if filing a lawsuit makes sense in your situation An attorneys first step will be to obtain your medical records as well as other documents in connection with the accident They will use this evidence to draw a picture of magnitude and severity of your injuries from a car accident Interviews with witnesses could also be conducted In certain cases experts such as mechanics or engineers can be brought in Based on the circumstances of your car accident depending on the circumstances of your car accident it could take weeks or months or an entire year to complete the entire process of litigation in court This is due to a variety of factors including negotiations with insurance companies discovery analyzing the evidence of both parties and setting dates for court as well with the preparations for a trial In this period memories may fade witnesses can go missing or die and evidence may be lost A car accident lawyer will walk you through the legal options available to you during a nocost consultation Contact Bruscato Law to schedule an appointment in Monroe LA We can answer all your questions regarding whether or not you should pursue a lawsuit and what damages you might be able to claim