auto accident attorney visalia is to gather all documentation pertaining to your accident. This includes medical records, photographs and evidence of the accident scene, bills and pay stubs.
Evidence can vanish witnesses can disappear or die, and memories fade. If you and the defendant fail to reach an agreement in this phase, then your case will be tried.
What is a lawsuit?
A lawsuit is a legal proceeding filed in a court of law wherein the plaintiff seeks to hold the defendant liable for a loss. A plaintiff can request the court for financial compensation or other non-monetary "equitable relief." The defendant must respond to the suit and may be forced to pay damages if they are held liable.
The first step in the civil court process is to file the complaint. This document outlines the facts of the matter and lays out the legal foundations for holding the defendant accountable for plaintiff's damages. The defendant must respond to the complaint within a predetermined time frame. They may challenge the allegations and the arguments of the plaintiff, or ask to have the case dismissed due to lack of legal reason.
A defendant can also choose to settle the case rather than have it tried. Settlement is a voluntary agreement between the parties that puts an end to litigation, but without any determination of liability in exchange for a financial award.
There are also class actions, which combine multiple injury claims into one claim for compensation. This allows for more cost-effective and efficient litigation because multiple people are seeking compensation. This is particularly beneficial when the damages are small and the cost of litigation for each individual would be prohibitive.
How do lawsuits work?
In lawsuits involving car accidents the process typically starts with a complaint that is filed in court and served to the defendant. The defendant has between 20-30 days to respond, also called an answer. During this time, they could make defenses to your personal injury claim or make counterclaims against you. They may also engage in discovery. This can include interrogatories (written questions) depositions, depositions, requests for production (which could comprise photographs, documents, videos or physical evidence) and requests for admissions.
You may settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the party responsible. This is less expensive and faster than going to trial. However, if the insurance company refuses to provide you with a fair amount of money then your Long Island car accident attorney may decide to take them to trial.
Generally speaking, the damages you can be compensated for are the documented costs such as medical bills and property damage. You may also sue for noneconomic damages, such as pain and suffering. Unfortunately, insurance companies frequently lowball victims when they estimate damages that are not economic. A skilled lawyer for car accidents has the experience to ensure that you receive fairly compensated for your damages. This is especially important in the event that the at-fault driver does not have insurance or has insufficient insurance coverage to cover your damages.
What can I expect if I make a claim in an action?
If a victim of a car collision is seeking compensation for their losses and injuries they have to be prepared to defend their claim. They'll likely require proof of their treatment. This could include doctor's notes as well as test results, as well the receipts of any medical expenses that are related to the accident. They'll also have to show their damages, such as lost income as well as property damage, pain and suffering. It is important to seek medical attention promptly after a crash, in case of injuries and ensure that all details is documented and provided to the insurer to prove the loss.
During the discovery process your attorney will question witnesses, experts and more to create a convincing case on your behalf. Depositions are a common method where the witness gives their testimony under oath, and is asked questions by your attorney. This gives both parties the chance to listen to each witnesses' accounts, evaluate the strength of the evidence and then decide how to proceed.
After reviewing the evidence, the judge or jury will decide whether the defendant was accountable for the accident. They will also decide the amount of damages that you are entitled to. The process can take anywhere from several days and one year based on the particular case. If you're not satisfied with the outcome both parties have the option of appealing. It's expensive and time-consuming for both parties to appeal therefore it is important to begin preparing your case immediately following the crash.
Why should I employ an attorney?
If an accident results in injuries, the victim is faced with costly medical bills and property damage, plus lost wages as a result of being not able to work. Legal action is often required in order to receive the compensation you need. A lawyer who specializes in auto accidents can assist you in determining whether a lawsuit would be appropriate in your particular case.
The first thing an attorney will do is ask for your medical records as well as other documents related to the accident. They will utilize this evidence to draw a picture of magnitude and severity of your injuries from a car accident. Interviews with witnesses could also take place. In certain instances, experts like mechanics or engineers might be called to testify.
It could take weeks, or months to complete the court process depending on the circumstances of your accident. This is due to a range of factors like negotiations with the insurance company and discovery (analyzing evidence from both sides), setting court dates, and trial preparations. During this time, memories may fade, witnesses might move away or even die and evidence may be lost.
An experienced attorney for car accidents will guide you through your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We'll answer your questions about whether to either settle or pursue a lawsuit and also what damages you are entitled to.