New York
Auto Accident Law
An attorney who handles car accidents is your advocate and will make sure that your side of the story is heard. He or she will argue your case to a judge or jury, if necessary, and
auto accident bargain with the insurance company.
Some states have an tort liability system while others have no-fault laws or
auto accident lawsuit insurance. But, there are strict time limitations, referred to as statutes of limitations which must be adhered to.
Fault
The process of determining fault is an essential part of the legal and insurance claims process. It may seem obvious in some cases such as rear-end collisions but generally it's not the case. The state laws and facts of each case are used to determine fault. Some states use pure comparative negligence. In this case, the percentage of fault you are responsible for in an accident determines what damages you can claim.
Even if your fault was discovered to be greater than 51%, you can still recover some losses you've suffered through supplemental policies like MedPay and PIP. In addition, some states use modified comparative blame. These laws allow injured motorists to use their own insurance to cover the cost of their injuries even if they're partially accountable for the incident.
After an accident, it's normal to be shaken and to feel the need to blame someone else. However, doing so can backfire and result in costly mistakes in the long run. A competent lawyer can assist you in avoiding these traps and provide the information you require quickly and precisely.
Damages
Damages are payments made to compensate victims for financial losses they suffered because of a negligent actions. This kind of compensation can pay for a variety damages, including medical expenses in addition to lost wages or income, and vehicular property damage. A lawyer for car accidents will examine receipts, invoices and other financial documents to determine the amount of special damages you're owed.
Non-economic damages are often difficult to quantify, and can include intangible damages such as pain and suffering. This type of compensation is often subject to devaluation by insurance companies and it is essential to consult a reputable tort lawyer to ensure your damages are appropriately valued.
If you've suffered serious injuries or if your losses exceed the policy limits in New York, you may be able to escape the no-fault laws and sue for non-economic and economic damages including pain and suffering. New York is a state that has a system of comparative negligence, therefore your claim will be reduced based on the percentage of fault you are assigned. A competent attorney will do everything to maximize the amount you can recover.
Statute of Limitations
In a car accident the statutes for limitation are the time frames you have to sue for damages. This can vary from three years to five years, based on the type and state of the lawsuit.
Statutes of limitations are essential because they ensure that any claim made in court is properly investigated before the deadline expires. After this time it could be difficult to locate witnesses. Physical artifacts like tire marks and other debris could disappear or be destroyed, and public records might be misplaced.
As time passes, witnesses also tend to forget important information. For example, it would be unreasonable to assume that eyewitnesses will recall the details of an accident in a car that occurred 15 years ago. A statute of limitations also prevents plaintiffs from seeking legal action too quickly following an incident since it could prejudice the jury against them. It is important to speak with an New York
auto accident lawsuits accident lawyer as quickly as you can in order to begin the process.
Insurance
New York law requires all drivers to carry insurance for their cars. This type of insurance is designed to cover the policy holder and their passengers for their financial losses in an accident, regardless of who was responsible for the fault. This kind of insurance is also called Personal Injury Protection (PIP) or no-fault insurance.
In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type insurance policy provides the victim with compensation if they are injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM is typically offered in the amount of $25,000 for a person and $50,000 per accident.
The policyholder is protected under Bodily Injury liability if the third party sues them for damages, including property damage and medical bills. Third parties can also claim injury and pain that are serious enough. However, the majority of third party claims are resolved through insurance companies. Employing a competent lawyer on board can ensure that you receive the entire amount of damages that are available to you.
Contact an attorney
Car accidents can be stressful and
Auto accident expensive with everything from vehicle damages to medical bills to lost wages. A lawyer can assist in determining who was responsible for the accident and seek compensation from the party responsible.
A lawyer can also make sure that your claim includes the totality of your losses and expenses. They will take into account the present and future financial expenses as also physical and emotional stress. They will also take into account the effects of your injuries on your quality-of-life.
In New York, if the negligent driver did not have insurance or only the minimum amount required by law, you may be able to recover under your own policy's uninsured motorist coverage (UM). An attorney can advise you of this possibility.
It is crucial to find an experienced auto accident lawyer. Their training and expertise puts them in a better position to negotiate for the settlement you're entitled to. Your attorney will let insurance company of the defendant know that you're willing to take on the case. This usually results in an increased settlement offer.