New York Auto Accident Law
A car accident lawyer is your advocate, ensuring your side of the story is presented. The lawyer will present your case to a judge and jury, if needed and negotiate with the insurance company.
Some states follow the tort liability system as it is in common practice and some states have no fault or add on auto insurance laws. Regardless, there are still strict time limits known as statutes or limitations that have to be adhered to.
Fault
Determining who is responsible is a crucial part of the insurance and legal process of claiming. In certain instances, such as rear-end collisions, or other similar situations, it might appear evident, but in other cases, it's not. The determination of fault is based on state laws and the facts of each case. Some states have pure comparative fault. In this case, your proportion of the cause determines the amount of damage you can claim.
Even if your fault is found to be greater than 51%, you could still recover some damage you've sustained through additional policies such as MedPay and PIP. Some states also apply modified comparative negligence. These laws allow injured motorists to make use of their own insurance coverage to pay costs, even if they are found partially at fault in the accident.
In the aftermath of an accident, it's normal to be shaken and to feel the need to blame the other person. However, doing so can backfire and lead to costly errors in the future. A skilled lawyer can assist you in avoiding these traps and provide the information you need quickly and accurately.
Damages
Damages are compensations made to compensate victims for financial loss caused due to the negligence of another person. The type of compensation offered can be used to cover a variety of losses, such as medical costs, missed wages or income, and vehicular property damage. A lawyer for car accidents will scrutinize invoices, receipts and other financial documents to accurately calculate how much damages you're entitled to.
Non-economic damages are more difficult to quantify, and often include intangible damage like pain and suffering. Insurance companies are known to devalue this type of compensation. It is important to speak with a seasoned lawyer in torts to ensure that your damages have been fairly assessed.
If you've suffered serious injuries or losses exceed the policy limits in New York, you may be able to avoid the no-fault law by suing for both economic and noneconomic injuries, including pain and. New York is a state which uses comparative negligence so your claim will be reduced according to the percentage of blame you're given. A competent lawyer will do everything to maximize the amount of damages.
Statute of Limitations
In the event of a car accident the statutes of limitations are the time limits you can sue for damages. Typically, it is three years, but it can vary based on the kind of lawsuit as well as the state's laws.
Statutes of limitations are essential as they ensure that claims in court can be investigated properly before the deadline expires. After this time it could be too late to locate witnesses, physical evidence like tire marks and debris may disappear or get eroded and public records may be misplaced.
As time passes, witnesses tend to forget important details. For example it is not reasonable to assume that eyewitnesses will recall detailed information about the car crash that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too early after the incident because it could prejudice the jury against them. It is important to speak with a New York
auto accident lawyer as quickly as you can in order to begin the process.
Insurance
New York law requires all drivers to have insurance on their vehicles. This type of insurance pays the policyholder and their passengers' economic losses, regardless of the person's fault. This type of insurance is known as 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 insurance covers victims injured by uninsured, insufficiently insured, or hit-and-run drivers. UM/UIM coverage is usually provided with a minimum amount of $25,000 per person or $50,000 per accident.
Bodily Injury Liability protects the policyholder if they're sued by a third-party for damages, such as medical bills or property damage. Third parties may also make a claim for pain and suffering if the injury was severe enough to warrant it. However, most third-party claims are resolved through insurance companies. Bringing a skilled lawyer to the table can ensure that you get the full amount of damages that are available to you.
Contact an Attorney
Car accidents are stressful and expensive. From vehicle damages to medical expenses to lost wages they can be costly. A lawyer can help identify who was at fault for the accident and seek compensation from the responsible party.
A lawyer can also ensure that your claim is inclusive of all of your expenses and losses. They will take into account your current and future financial expenses as in addition to physical and emotional suffering. In addition, they will take into account the impact that your injuries have had on your quality of life.
In New York, you may be eligible for compensation under your policy's Uninsured Motorist coverage (UM) if the negligent driver was not insured, or only carried the minimum amount legally required. An attorney can assist you with this option.
It is important to work with an experienced
auto accident lawyer. Their education and experience puts them in a stronger position to negotiate for the settlement you deserve. Your lawyer will inform the insurance company of the defendant know that you're willing to take on the case. This often leads to an increased settlement offer.