New York
auto accident law firms Accident Law
An attorney for car accidents is your advocate and will ensure that your side of the story is told. He or she will argue your case to a judge and jury, if needed, and bargain with the insurance company.
Some states adhere to an old tort liability system and some have no fault or add to the
auto accident Lawsuits insurance laws. But, there are strict time limits, also known as statutes of limitations that must be adhered to.
Fault
The determination of who is at fault is an essential element of the insurance and legal claims process. It may seem obvious in some cases, such as rear-end collisions, but often it is not the case. Fault is determined based on state laws and the facts of each incident. Certain states have absolute comparative fault. This means that your percentage of the accident determines how much of your damages can be recovered.
Even if your fault is found to be greater than 51%, you might still recover some damages you have suffered with additional policies like MedPay and PIP. In addition, some states have modified comparative fault. These laws allow injured motorists to use their own insurance coverage to cover expenses, even if they are found partially at fault for the accident.
It's normal to be angry and try to blame someone else after an accident. But, this can cause costly mistakes in the long run. A good lawyer can help you avoid these mistakes and will provide the information you require quickly and with precision.
Damages
Damages are the amount paid to compensate victims for financial losses they suffered because of another's negligent actions. The type of compensation offered can be used to pay for a variety of losses, like medical expenses and lost wages, income and property damage to vehicles. A lawyer for car accidents will look over invoices, receipts, and other financial documents to determine the amount of special damages you're owed.
Non-economic damages are harder to quantify and usually include intangible damage such as pain and suffering. This type of compensation is typically subject to devaluation by insurance providers and it is imperative to consult a reputable attorney in torts to ensure that your damages are fairly valued.
If you've suffered severe injuries or if your losses exceed the policy limits in New York, you may be able to get around the no-fault law and file a lawsuit for both economic and noneconomic damages including pain and suffering. However, because New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributed to you. A knowledgeable attorney will do everything to maximize the amount you can recover.
Statute of Limitations
In a car accident case the statute of limitation is the time limit you have to seek damages. Typically, it is three years but can vary depending on the type of lawsuit and the state's laws.
Statutes of limitation are important as they ensure that any claim made in court is properly investigated before the deadline is up. After that, it may be impossible to find witnesses. Physical artifacts like debris and tire marks could disappear or be destroyed and public records could be lost.
Witnesses are also prone to forget important details with the course of time. It would be unreasonable to think that eyewitnesses would recall all the details of a crash that occurred 15 years ago. A statute of limitation prohibits plaintiffs from bringing a lawsuit too late after the accident, because it could influence the jury. This is why it's always crucial to speak with a New York car accident lawyer and start the process as soon as possible.
Insurance
All drivers in New York are required by law to have car insurance. This type of insurance pays the policyholder and their passengers' financial losses, regardless of the cause. 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 of insurance pays victims who are injured by uninsured, insufficiently insured, or hit-and-run motorists. UM/UIM is usually offered with the amount of $25,000 for a person and $50,000 per accident.
Bodily Injury Liability covers the policyholder in case they are sued by a third party to recover damages, such as medical bills or property damage. Third parties may also be able to claim suffering and pain for injuries that are serious enough. The majority of third party claims, however, are resolved by insurance companies. Bringing a skilled lawyer on board can ensure that you are able to recover the full amount of damages that are available to you.
Contact an attorney
Car accidents can be stressful and expensive with everything from vehicle damages to medical bills to lost wages. A lawyer can help determine whose fault the accident was and seek compensation from the responsible party.
A lawyer can also ensure that your claim is inclusive of all expenses and losses. They will consider your current and potential financial costs and your physical and mental distress. They will also consider the impact of your injuries on your life quality.
In New York, if the negligent driver was not covered by insurance or only carried the minimum amount required by law, you might be able to claim compensation under your own insurance policy's uninsured motorist coverage (UM). An attorney can assist you with this option.
It is crucial to choose a seasoned car accident attorney. Their training and experience put them in better position to secure you the money you need. The insurer of the defendant will recognize that your lawyer is prepared to take on the case, which usually results in an increased settlement offer.