15 Trends That Are Coming Up About Auto Accident Litigation auto accident law firm detroit

Take all documentation that pertains to the accident. This includes medical records and images of the scene along with pay stubs and bills.


Memory fades, witnesses could leave or pass away, and evidence can disappear. If you and the Defendant cannot come to an agreement in this stage your case will go to trial.

What is a lawsuit?

A lawsuit is a legal proceeding filed in the court of law in which the plaintiff seeks to hold the defendant liable for any loss. A plaintiff may ask for compensation in the form of monetary damages, or any other non-monetary "equitable remedies" from the court. The defendant is required to respond to the complaint.

The complaint is the initial stage of a civil action. This document outlines all the facts and legal reasons for holding the defendant liable for the plaintiff's losses. The defendant must answer the complaint within a certain period of time. They may argue against the allegations and the arguments of the plaintiff or demand that the case be dismissed due to lack of legal basis.

A defendant can also opt to settle a case rather than attempting to resolve it. A settlement is an agreement reached between the parties in order to end litigation without determining the liability in exchange for money.

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 pursuing the same claim. This is especially beneficial when the damages are small and the expense to litigate each case individually would be prohibitive.

What happens when a lawsuit is filed?

In lawsuits involving car accidents the process usually begins with a complaint which is filed in the court and then served on the defendant. The Defendant then has between 20 and 30 days to respond, known as an answer. During this time they may raise defenses against your personal injury claim, and/or bring a counterclaim against your. They may also engage in discovery. This can include interrogatories (written questions) and depositions. They also can make requests for production (which could include videos, documents, photos or physical evidence) and requests for admission.

You can settle your case outside of court based on the severity of the injuries you sustained and the insurance coverage of the party who was at fault. This is cheaper and quicker than going to trial. If the insurance company is not willing to pay you a fair amount of money, your Long Island car accident attorney might choose to take the case to trial.

Generally, the damages you are entitled to be compensated for are the documented costs like medical bills and property damage. You can also sue for noneconomic damages like pain and suffering. Insurance companies are notorious for underestimating the cost of non-economic damages. A lawyer experienced in car accidents with extensive experience can ensure that you are compensated fairly for your losses. This is especially important when the driver at fault is not insured or has inadequate insurance coverage to cover damages.

What can I expect when I file an action?

When a car accident victim is seeking compensation for their injuries and losses They must be prepared to defend their claim. They'll likely require proof of their treatment, including doctors' notes and test results, aswell as receipts for any medical expenses related to the accident. They will need to prove damages, including lost wages as well as property damage, discomfort and pain. It is important to seek medical attention right away after a collision for any injuries to ensure that all information can be documented and submitted to the insurance company as proof of loss.

During the discovery stage during the discovery phase, your attorney will interview experts, witnesses as well as other people to build an evidence-based case for you. This could include depositions, where the witness gives their testimony under oath and is questioned by your attorney. The parties have the opportunity to hear each other's accounts, evaluate the credibility of the evidence and decide what to do next.

After having reviewed the evidence, the judge or jury will decide whether the defendant was accountable for the accident. They will also decide the amount of damages you are entitled to. Based on the particular case, this could take anywhere from just a few days to more than one year. If you are unhappy with the result both parties have the option of appealing. It's expensive and time-consuming for both parties to appeal therefore it is important to prepare your case immediately following the crash.

Why should I engage an attorney?

When an accident causes injuries, the victim has to pay high medical costs and property damage, in addition to lost wages because they are not able to work. Legal action may be needed to obtain the compensation you require. A lawyer who specializes in auto accidents can assist you in determining whether a lawsuit is appropriate for your situation.

The first thing an attorney will do is request your medical records and other evidence in connection with the accident. They will use this evidence in order to create a picture of magnitude and severity of your car accident injuries. Witnesses may also be interviewed. In certain cases experts such as engineers or mechanics may be consulted.

Based on the circumstances of your car accident, it could take weeks, months, or even an entire year to complete the entire process of litigation in the court. This is due to a range of factors, such as negotiations with insurance companies as well as discovery (analyzing the evidence of both sides) and setting court dates, as well being prepared for trial. During this time memories may disappear, witnesses can move away or die or pass away, and evidence can be lost.

An experienced car accident attorney will explain your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your 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.