Car Accidents Lawyers Near Me
In the United States, car accidents are the main cause of death and injury. They can be devastating to the victims and their families both emotionally and physically.
If someone else's negligence results in a car accident, the victim could be entitled to compensation. The process is complicated and requires an attorney to investigate the scene of the accident and collect evidence and bargain with insurance companies.
Insurance Coverage
It is important to know your rights to compensation if you've been injured or sustained property damage in an accident. Insurance is one of the most significant sources of financial recovery. The policy you have with you could cover medical expenses, repair or replacement of damaged vehicles, as well as the loss of income in the process of recovering from your injuries. However, your insurance provider will only pay up to the policy limits.
If your injuries are serious or result in a significant amount of ongoing medical treatment and treatment, the cost of these expenses could easily exceed your limit of coverage. In these instances it is possible to pursue a lawsuit for the possibility of recovering larger amounts of money to compensate for your losses.
The best way to ensure that you receive the financial compensation you are entitled to following an accident is to hire an experienced New York City car accident attorney. Our team at The Law Offices of Benjamin Disraeli fights to protect your rights and maximize your compensation irrespective of what kind of insurance you have.
A lawsuit could also assist you in obtaining damages for pain and suffering which are not covered by your insurance company. These types of injuries are often very real, and you should be able to claim fair and full compensation for your suffering, loss of enjoyment, and emotional stress.
Most people don't know the fact that insurance companies have a contractual "duty to defend." This is part of the policy of liability and it means the insurer will offer you an attorney in the event you are sued over damages from an automobile accident. This is a great thing because it helps make sure that you don't need to pay for the expense of the legal defense you need to take.
This is especially helpful in the event of hit and run accidents, where the other driver might not have insurance. In these situations the Personal Injury Protection or Uninsured Motorists (UM) coverage will cover your medical expenses and other losses while the policy of the at-fault driver is paid.
You must notify your insurance company within a specified amount of time after an accident. The timeframe could be as short as five or ten days according to your policy. If you fail to do so, the insurer can void your insurance and refuse to provide you with a lawyer or coverage in the event of a lawsuit.
Statute of limitations
The statute of limitations is a law that says how long, following certain events, you can pursue legal action against a person or a business. The statute of limitations may influence the amount and length of time you have to bring a personal injury or wrongful death lawsuit.
Typically the statute of limitations is three years from the date of the accident in New York, but there are exceptions to this rule. It could be longer in cases of wrongful death. Therefore, it's important to reach out to a lawyer who handles
car accident lawsuit accidents near me as soon as possible to ensure that all deadlines are fulfilled and your rights are secured.
One of the most important aspects to know about the statute of limitations is that if you fail to meet it, your claim will most likely be barred and denied. Your odds of winning are virtually zero unless there is a rare exception.
The court will almost never be able to hear your case if do not bring a personal injury suit within three years from the date of the accident. It's the same with any lawsuit related to a car accident whether it's a claim for injuries to yourself or a loved ones, or the repair or replacement of your vehicle or property damaged during the accident.
If you were a minor at the time your accident occurred, there is another noteworthy exception to the Statute of Limitations. The time limit is extended until the victim is 18 years old. This is because of the "tolling" law, which is a concept in the law that states courts treat minors as adults at the time they sustained their injury.
This could be a huge issue if you're trying file a personal injury lawsuit against an insurance company. Since the adjuster for insurance knows that you are not allowed to sue beyond the statute of limitations, it will be difficult to negotiate a fair settlement your behalf. This could result in wasting valuable time and money in a case that might not have been necessary initially.
Comparative Fault
In the event of a car accident, it is important to determine who was at fault. Depending on your state, a car accident attorney can help you determine the person who was at fault and whom you should sue for compensation.
The majority of states follow a comparative negligence system which means that each person involved in the incident can be awarded damages based upon how much they contributed to the accident. This is a good option for drivers, since it allows them to collect damages for injuries and losses.
However, there are some issues with this system and that's why it is advised to seek out an experienced car accident lawyer to defend your right to collect monetary compensation for your injuries. These lawyers will ensure that you stand the best chance of receiving an appropriate settlement from the driver who was at fault.
You'll be accountable for your medical bills, along with other expenses when the driver who caused the accident does not have insurance. This can quickly add up especially if your injuries are serious.
Fortunately, there are some states that recognize a pure comparative fault system that allows all parties involved in the collision to claim damages, even if they're 99 percent responsible for the accident. This type of system is a requirement in thirteen states which include California and Florida.
But the downside is that you'll only be only able to claim a small amount of damages. That's because this type of system relies on the courts to determine the proportion of blame assigned to each party involved in the crash.
This means that if you were found to be 80 percent responsible for the accident the only thing you could recover is 40 percent of your damages. This could be a huge issue if you suffered severe injuries or lost a significant amount of time at work as a result of the accident.
There are other comparative negligence systems which allow drivers to claim damages even when their fault is only a small part. There are three kinds of comparative negligence that are: contributory negligence; pure comparative blame and modified comparative liability.
Hire an Attorney
If you've been injured in a car accident there are a myriad of reasons to employ an attorney. An attorney can help you submit a claim to your insurance company, negotiate with the insurance company of the other driver company on your behalf, or pursue an injury lawsuit against the other driver.
Depending on the extent of your injuries it is possible to seek compensation to cover the pain and suffering. It is also possible to get compensation for expenses for medical bills or lost wages as well as other damages. A professional lawyer knows how much to ask for to ensure that you do not settle for less than you're due.
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car accident attorney can help you negotiate with insurance companies to ensure that you are compensated fairly.