New York
auto accident lawyers Accident Law
An attorney for car accidents is your advocate and
Auto Accident Lawsuits will make sure that your side of the story gets heard. He or she will argue your case to a judge or jury, if necessary, and negotiate with the insurance company.
Certain states have a tort liability system while others have no-fault or
auto accident lawsuits insurance laws. However, there are strict time limits, commonly referred to as statutes of limitation that must be followed.
Fault
Determining fault is a crucial element of the legal and insurance claims process. In some cases, like rear-end collisions, or other similar circumstances,
auto accident lawsuits it may appear straightforward, but in others, it is not. The state laws and facts of each instance are used to determine the fault. Some states apply pure comparative negligence. the percentage of fault you have in an accident determines the damages you are able to claim.
Even if your culpability is determined to be higher than 51%, you may still collect some of the damages you have suffered with supplemental policies like MedPay and PIP. Additionally, certain states use modified comparative blame. These laws permit injured motorists to make use of their own insurance to pay for expenses even if they're found partially at fault for the crash.
It's normal to be upset and try to blame someone else after an accident. However, this could backfire and lead to costly errors in the future. A good lawyer can help you avoid these traps and get the answers that you need quickly and accurately.
Damages
Damages are compensations that compensate a victim for the financial losses they have suffered because of another's negligent actions. This type of compensation may cover a wide range of losses, like medical costs loss of income or wages as well as damage to the vehicle. A car accident lawyer will scrutinize receipts, invoices and other financial documents to accurately determine the amount of damages you're due.
Non-economic damages are harder to quantify and typically comprise intangible losses like pain and suffering. Insurance companies are known to undervalue this kind of compensation. It is imperative to speak with an experienced and knowledgeable lawyer in torts to ensure that your damages have been properly valued.
In New York, if you suffered serious injuries, or if your losses were greater than the limits of your insurance policy it is possible to avoid the no-fault system by suing for all of your non-economic and economic damages, including pain and suffering. New York is a state that relies on comparative negligence which means that your compensation will be reduced according to the percentage of blame you're assigned. A competent lawyer will work hard to maximize the amount of damages.
Statute of Limitations
In a car accident the statutes for limitation are the timeframes you can sue for damages. Typically, it is three years, but may differ depending on the nature of lawsuit and state laws.
Statutes of limitations are essential, as they ensure that any claim filed in court is properly investigated before the deadline expires. After this period it could be too late to find witnesses, physical artifacts like debris and tire marks can disappear or be destroyed, and public records can be lost.
As time passes, witnesses also tend to forget important information. It's unreasonable to assume that witnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitations also restricts plaintiffs from taking legal action too early after an incident as it could unfairly prejudice the jury against them. This is why it's important to consult with a New York car accident lawyer and begin the process as soon as possible.
Insurance
New York law requires all drivers to have insurance for their cars. This type of insurance is designed to cover the policy holder and their passengers for economic losses if they are involved in an accident, regardless of who was at fault. This is referred to 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 insurance policy provides the victim with compensation if they are injured by an uninsured or underinsured motorist or in a hit and run accident. UM/UIM coverage is typically offered with a limit of $25,000 per person or $50,000 per accident.
The policyholder is protected by Bodily Injury liability if an outside party sues them for damages like medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are severe enough. The majority of third party claims, however, are settled by insurance companies. A skilled lawyer can help you to recover the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and costly. From car damage to medical bills to lost wages, they can be costly. An attorney can help determine who's fault the incident was, and obtain compensation from the party responsible.
A lawyer can also ensure that your claim covers all your losses and expenses. They will consider your current and future financial costs in addition to your physical and mental distress. In addition, they'll consider the impact that your injuries have affected your quality of life.
In New York, if the negligent driver did not have insurance or had only the minimum amount required by law, you might be able to collect under your insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney.
It is important to choose a seasoned attorney for car accidents. Their education and experience puts them in a stronger position to obtain the compensation you're entitled to. Your lawyer will inform the insurance company of the defendant know that you are willing to accept the case. This often leads to an increase in the settlement amount.