New York Auto Accident Law
A lawyer for car accidents is your advocate and
auto accident law Firms will make sure that your account of the incident is told. He or she will negotiate with the insurance company and present your case in front of a judge and jury if necessary.
Some states have the tort liability system, while others have no-fault or
auto accident law firm insurance laws. There are still strict time limitations known as statutes that must be adhered to.
Fault
Determining fault is a crucial element of the legal and insurance claims process. In some cases, like rear-end collisions or similar situations, it might seem obvious, but in many other cases, it's not. The determination of fault is based upon state laws and the facts of each instance. Some states have pure comparative fault. In this case, your percentage of fault determines the amount of damages you can recover.
Even if you're found to be more than 51% responsible there's a an opportunity to recover some of your damages with supplemental coverage like MedPay or PIP policies. Some states also apply modified comparative negligence. These laws allow injured drivers to make use of their own insurance to cover expenses even if they're deemed partially at fault for the crash.
It's normal to be upset and feel the need to blame someone else after an accident. This can lead to costly mistakes and result in negative consequences. A skilled lawyer can help you avoid these pitfalls and get the answers you require quickly and efficiently.
Damages
Damages are the amount paid to compensate victims for financial losses they have suffered as a result of a third party's negligence actions. This kind of compensation can be used to pay for a variety of expenses, such as medical expenses and lost wages, income, as well as vehicle property damage. A lawyer for car accidents will examine invoices, receipts, and other financial documents to accurately determine the amount of damages you're due.
Non-economic damages can be difficult to quantify, and may include intangible damage such as pain and suffering. Insurance companies are known to devalue this type of compensation. It is crucial to speak with an experienced and knowledgeable tort attorney to make sure that your damages have been properly valued.
In New York, if you suffered serious injuries, or if your losses exceeded the limits of your insurance policy the possibility exists for you to escape the no-fault system and pursue for all of your economic and non-economic damages as well as suffering and pain. However, because New York is a comparative negligence state, your claim will be reduced by the percentage of fault assigned to you. A knowledgeable lawyer will work hard to maximize your compensation for damages.
Statute of Limitations
In the case of a car accident the statute of limitations is the period in which you must seek damages. Typically, this is three years, but it can differ depending on the nature of lawsuit as well as the state's laws.
Statutes of limitations are essential in that they ensure that any claim filed in court is investigated properly before the deadline expires. After this time it could be too late to find witnesses, physical evidence such as debris and tire marks can disappear or be destroyed, and public records may be lost.
Witnesses are also likely to forget important details with the course of time. It would be unreasonable to assume that witnesses could recall all the details of a accident that occurred 15 years ago. A statute of limitations prohibits plaintiffs from filing a lawsuit too soon after the incident, because it could influence the jury. It is essential to contact a New York auto accident lawyer as soon as possible and start the process.
Insurance
New York law requires all drivers to have car insurance. This type of insurance pays the policyholder's as well as their passengers' financial losses regardless of the person's fault. This is known as no fault insurance or Personal Injury Protection (PIP).
In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of insurance provides the victim with compensation if they are injured by an uninsured or underinsured driver or in a hit and run accident. UM/UIM coverage is typically provided with a minimum amount of $25,000 per person or $50,000 per accident.
Bodily Injury Liability protects the policyholder if they're sued by a third-party for damages, such as medical bills or property damage. Third parties can also bring a claim for pain and suffering in cases where the injury was serious enough to warrant. However, the majority of third-party claims are resolved through insurance companies. A knowledgeable lawyer can assist you get the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and expensive that range from car damage to medical bills to lost wages. A lawyer can assist in determining who is responsible for the accident and pursue compensation from the party responsible.
A lawyer can also guarantee that your claim will cover all your expenses and losses. They will take into account your current and future financial burdens, as well as your physical and emotional distress. In addition, they'll take into account the impact that your injuries have had on your quality of life.
In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) when the negligent driver was not insured or had the minimum amount of insurance that is required by law. This option can be discussed with an attorney.
It is essential to choose an experienced and knowledgeable
auto accident law firms accident lawyer. Their training and expertise puts them in a better position to negotiate for the settlement you're entitled to. Your lawyer will inform the insurers of the defendants know that you're willing to accept the case. This usually leads to an increase in the settlement amount.