New York Auto Accident Law
An attorney for car accidents is your advocate and will make sure that your part of the story is heard. They will negotiate with the insurance provider and then present your case before a judge and jury, if required.
Certain states have a tort liability system, while others have no-fault or
auto accident lawyers insurance laws. But, there are strict time limitations, referred to as statutes or limitations that must be followed.
Fault
Determining who is at fault is a crucial aspect of the insurance and legal process of claiming. In some cases, like rear-end collisions, or other similar circumstances, it may seem obvious, but in many others, it is not. The state laws and the facts of each case are used to determine the degree of fault. Some states apply pure comparative negligence, in which the percentage of fault you are responsible for in an accident determines the damages you can claim.
Even if your fault was determined to be more than 51%, you could still claim some damage you've sustained through supplemental policies like MedPay and PIP. Additionally, certain states use modified comparative blame. These laws permit injured motorists to use their own insurance coverage to pay costs, even if they are found partially at fault for the incident.
After an accident, it's natural to be shaken up and to feel the need to blame the other person. This can lead to costly errors and result in negative consequences. A skilled lawyer can help you avoid these mistakes and get the answers that you require quickly and precisely.
Damages
Damages are the compensations given to pay victims for financial losses caused by the negligence of another party. This kind of compensation can be used to cover a variety of losses, such as medical costs loss of income or wages and damage to property of vehicles. A competent lawyer for car accidents will review receipts, invoices, and other financial records to accurately calculate the amount of damages you're due.
Non-economic damages are more difficult to quantify and usually comprise intangible losses like pain and suffering. This type of compensation is often subject to devaluation by insurance companies and it is essential that you consult a knowledgeable attorney in torts to ensure that your damages are valued fairly.
If you've suffered severe injuries or if the losses exceed the limits of insurance coverage in New York, you may be able to escape the no-fault laws and sue for non-economic and financial damages including pain and suffering. But, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault assigned to you. A skilled lawyer will be able to maximize the amount of damages.
Statute of Limitations
In a car accident case the statute of limitations is the amount of time you can pursue a lawsuit in order to recover damages. It can range from three years to five years, based on the nature and status of the lawsuit.
Statutes of limitations are important because they ensure that any claims filed in court can be thoroughly investigated before the deadline expires. After that it might be difficult to locate witnesses. Physical artifacts, such as tire marks and other debris could disappear or erode, and public records might be misplaced.
Witnesses are also prone to forget key details over the course of time. For instance it would be untrue to expect eyewitnesses to recall the details of a car accident that occurred 15 years ago. A statute of limitations also stops plaintiffs from bringing legal action too soon following an incident since it could unfairly prejudice the jury against them. It's important to contact an New York
auto accident lawyers accident lawyer as quickly as you can in order to start the process.
Insurance
All drivers in New York are required by law to carry insurance for their cars. This type of insurance is designed to compensate the policyholder and their passengers for their financial losses in an accident, regardless of who was the cause of the accident. This type of insurance is 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 of coverage provides an amount of compensation for victims injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM is typically available in minimum limits of $25,000 per person and $50,000 per accident.
Bodily Injury Liability covers the policyholder if they are sued by a third-party for damages, like medical bills or property damage. Third parties can also bring claims for pain and suffering when the injury is severe enough to warrant. Third-party claims are, however, the majority, 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 with everything from vehicle damages to medical bills to lost wages. A lawyer can assist you determine who the primary cause of the accident was, and obtain compensation from the responsible party.
A lawyer will also ensure that your claim covers all of your expenses and losses. They will look at your present and future financial costs and the physical and emotional stress you are experiencing. They will also consider the impact of your injuries on your life quality.
In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) if the negligent driver was not insured or carried the minimum amount required by the law. This option can be discussed with an attorney.
It is crucial to find an experienced lawyer for
auto accidents. Their experience and training put them in the best position to obtain you the money you deserve. The insurer of the defendant will know that your lawyer is willing to try the case, which often leads to an increase in settlement offers.