New York Auto Accident Law
An attorney who handles car accidents is your advocate and will ensure that your part of the story is told. He or she will bargain with the insurance company and argue your case before a judge and jury if necessary.
Certain states have the tort liability system, while others have no-fault laws or
auto accident law firms insurance. However, there are strict time limits, commonly referred to as statutes of limitation that must be followed.
Fault
The determination of who is at fault is a crucial aspect of the insurance and legal claims process. It might seem obvious in certain instances like rear-end collisions, but usually it is not. Fault is determined based on state laws and the facts of each case. Certain states have pure comparative fault, in which your percentage of fault determines the amount of damages you can recover.
Even if you're determined to be more than 51% accountable there's a a chance to collect some of your losses through supplemental coverage like MedPay or PIP policies. Additionally, certain states have modified comparative fault. These laws permit injured motorists to use their own insurance coverage to pay expenses, even if they are found to be partially responsible for the incident.
In the aftermath of an accident, it's normal to be shaken up and to want to blame someone else. However, doing this could cause costly mistakes in the end. A good lawyer can help you avoid these traps and help you get the answers you need quickly and accurately.
Damages
Damages are compensations that help a victim to make up for the financial losses they experienced because of another's negligent actions. This type of compensation can be used to cover a variety of damages, including medical expenses in addition to lost wages or income, and vehicular property damage. 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 can be difficult to quantify, and can include intangible damages such as pain and suffering. This kind of compensation is frequently subject to devaluation by insurance companies and it is imperative to consult with a knowledgeable tort attorney to ensure that your damages are properly valued.
In New York, if you suffered serious injuries, or if the losses you suffered exceeded the limits of your insurance policy, you may be able to evade the no-fault system, and sue for all your non-economic and economic damages as well as suffering and pain. However, because New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributable to you. A knowledgeable lawyer will do everything to maximize the amount of damages.
Statute of limitations
In a car accident the statutes for limitation are the timeframes you have to sue for damages. This can vary from three years to five years, based on the nature and status of the lawsuit.
Statutes of limitation are important as they ensure that any claim made in court is investigated properly prior to the time limit expires. After this period, it may be too late for witnesses, physical artifacts like tires marks and debris can disappear or get eroded and public records may be lost.
Witnesses are also likely to forget crucial details with the course of time. It's not realistic to believe that eyewitnesses can recall all the details of a accident that occurred 15 years ago. A statute of limitation prohibits plaintiffs from bringing a suit too late after the accident, because it could bias the jury against them. It's important to contact an New York Auto Accident Lawyer (
Http://Fpcom.Co.Kr/) as soon as possible and begin the process.
Insurance
New York law requires all drivers to have insurance for their cars. This type of insurance compensates the policyholder's and passengers' economic losses regardless of the 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 of insurance provides compensation to victims injured by an uninsured or underinsured motorist or in a hit-and-run accident. UM/UIM coverage is usually offered with a minimum limit of $25,000 per person or $50,000 per accident.
The policyholder is protected by Bodily Injury liability when an outside party sues them for damages, such as medical bills and property damage. Third parties can also bring a claim for pain and suffering in cases where the injury was serious enough to warrant it. Most third-party claims, however, are resolved by insurance companies. A competent lawyer can help you get the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and expensive, from vehicle damages to medical bills to lost wages. A lawyer can help you determine who is responsible for the accident was, and then seek compensation from the responsible party.
A lawyer can also make sure that your claim covers all of your expenses and losses. They will assess your current and future financial costs, as well as your physical and mental distress. They will also take into account the impact of your injuries on your quality of life.
In New York, you may be able to claim compensation under your policy's uninsured motorist coverage (UM) when the negligent driver was not insured, or only had the minimum amount of insurance required by law. An attorney can advise you of this option.
It is crucial to find an experienced auto accident lawyer. Their education and experience puts them in a better position to secure the compensation you're entitled to. The insurer of the defendant will know that your lawyer is prepared to take on the case, which often leads to a higher settlement offer.