20 Myths About Auto Accident Litigation: Debunked
lansdale Auto accident lawyer Accident Litigation
Document everything that is regarding your sterling auto accident lawyer. This includes medical records, photos and evidence of the crash scene such as bills and pay stubs.
Evidence can vanish witnesses can pass away or disappear, and memories fade. If you and the defendant are unable to come to an agreement during the next phase, then your case will be heard.
What is a lawsuit?
A lawsuit is a legal proceeding brought in the court of law in which the plaintiff seeks to hold the defendant liable for any loss. A plaintiff may ask for monetary compensation, or other non-monetary "equitable remedies" from the court. The defendant has to respond to the complaint.
The first step in a civil lawsuit is to file the complaint. The complaint outlines all facts and legal grounds for holding the defendant liable for the plaintiff's losses. The defendant has a certain period of time in which they must respond to the complaint. They may deny all allegations and counter the plaintiff's arguments, or they can request that the case be dismissed for lack of legal cause.
Additionally, a defendant may choose to settle the case rather than go to trial. Settlement is an agreement made between parties that brings the litigation to an end without any determination of liability in exchange for a financial award.
There are also class actions, which combine multiple injuries into one claim for compensation. This allows for a more efficient and cost-effective litigation, since multiple individuals are pursuing a claim. This is particularly advantageous when the injuries are relatively minor and the cost to litigate individually would be prohibitive.
What is the procedure for a lawsuit?
In car accident lawsuits the process generally starts with a lawsuit, that is filed in court and served to the defendant. The defendant is given between 20-30 days to respond, also called an answer. During this time they may argue defenses against your personal injury claim, and/or make a counterclaim against you. They may also use discovery. This includes depositions, interrogatories and requests for evidence (which may include documents, photos videos, documents, and/or physical proof), and requests for admissions.
Based on the degree of your injuries and the insurance coverage of the at-fault party, you may choose to settle your case outside of court. This is a cost-effective and quicker option than going to court. However, if the insurance company refuses to pay you a fair amount of money, your Long Island car accident attorney might decide to take the case to trial.
In general, you can seek damages for your documented costs such as medical bills and property damages. You can also sue for damages that are not economic including pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A car accident lawyer with vast experience can make sure that you are compensated fairly for your damages. This is particularly crucial in the event that the driver who caused the accident has no insurance or inadequate insurance coverage to pay for damages.
What should I expect if I file a lawsuit?
When a person who has been injured in a car crash is seeking compensation for their losses and injuries, they must be prepared to fight for their claim. They will have to provide documentation of their treatment including the notes of a doctor and test results and receipts relating to medical expenses. They'll have to prove damages, such as lost wages, property damage, and pain and discomfort. This is why it's important to get medical attention for any injury immediately following a crash, so all information is documented and presented to the insurance company as proof of loss.
During the discovery phase, your attorney will interview witnesses, experts and other individuals to create an evidence-based case for you. Depositions are a common method in which the person gives their testimony under oath and is asked questions by your attorney. This allows both parties to hear all accounts, assess the credibility of the testimony and take the decision on how to proceed.
After review of the evidence, a judge or jury will decide which party is responsible for the accident. They will also decide the amount of damages that you are entitled to. The case will vary, but it could take anything from one or two days to a year. If you are unhappy with the outcome the parties can appeal. It can be expensive and time-consuming for both parties to file an appeal which is why it's essential to prepare your case as soon as you can after a crash.
Why should I employ an attorney?
If an accident results in injuries, the victim faces costly medical bills and property damage, plus lost wages as a result of being in a position of no work. Legal action could be necessary to get the compensation you need. An schuyler auto accident law firm accident lawyer can assist you in determining if a lawsuit is appropriate in your particular case.
The first thing an attorney will do is request your medical records as well as other documents relating to the accident. The evidence will be used to determine the severity and extent of your injuries in a car accident. Witnesses may also be interviewed. In some instances experts such as mechanics and engineers might be called in.
It could take weeks, even months to complete the court procedure depending on the circumstances of your accident. This is due to a variety of factors that include negotiations with the insurance company, discovery (analyzing evidence from both sides), setting dates for court, and trial preparations. During this period, memories may disappear, witnesses could go away or even die, and evidence may be lost.
A car accident lawyer will guide you through the legal options that are available to you during a free consultation. Call Bruscato Law to schedule an appointment in Monroe, LA. We'll answer your questions about whether to settle or sue and what damages you could recover.