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New York auto accidents Accident Law

A car accident lawyer is your advocate, ensuring your side of the story is heard. He or she will discuss your case with the insurance company and present your case front of a judge and jury, if needed.

Some states follow a traditional tort liability system and others have no fault or add to the auto accident law firms insurance laws. But, there are strict time limits, commonly referred to as statutes of limitations which must be followed.

Fault

Determining who is at fault is a critical aspect of the insurance and legal claims process. It may appear obvious in some instances such as rear-end collisions, but often it's not. The determination of fault is based upon state laws and the specific facts of each incident. Some states apply pure comparative negligence, where the percentage of blame you owe in an accident determines what damages you can claim.

If you're found to be more than 51% accountable however, you might still have the possibility of recovering some of the damages you suffered with additional insurance like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to cover costs, even if are found partially at fault for the accident.

It's normal to be angry and try to blame someone else for an accident. This can result in costly mistakes and can have a negative effect. A skilled lawyer can assist you in avoiding these traps and help you get the answers you need quickly and accurately.

Damages

Damages are payments made to help a victim to make up for the financial losses they have suffered because of another's negligent actions. This type of compensation can be used to pay for a variety of losses, such as medical costs as well as lost wages or income, and vehicle property damage. A lawyer for car accidents will examine receipts, invoices and other financial documents to determine the amount of damages you're due.

Non-economic damages are more difficult to quantify and usually include intangible damages such as pain and suffering. This type of compensation is typically subject to devaluation by insurance companies and it is essential to consult a reputable attorney in torts to ensure that your damages are appropriately valued.

In New York, if you suffered serious injuries or if your losses were greater than the policy limits, you may be able to avoid the no-fault system and sue for all of your non-economic and economic damages, including pain and suffering. However, because New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault that is assigned to you. An experienced attorney will be able to maximize the damages you are entitled to.

Statute of limitations

In a case involving a car crash, the statute of limitations is the amount of time you can sue to recover damages. This can vary from three to five years based on the nature and status of the lawsuit.

Statutes of limitations are crucial as they ensure that claims in court can be properly investigated prior to the deadline runs out. After that it could be impossible to find witnesses. Physical artifacts such as tires and debris may disappear or be destroyed, and public records might be misplaced.

As time passes, witnesses also tend to forget important information. It's unreasonable to believe that eyewitnesses can recall all the details of a accident that occurred 15 years ago. A statute of limitations prevents plaintiffs from bringing a suit too quickly after the incident, because it may unfairly prejudice the jury against them. It's important to contact an New York auto accident lawyer as early as you can to start the process.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance covers 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 coverage provides an amount of compensation for victims injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM is usually offered with minimum limits of $25,000 per person and $50,000 per accident.

Bodily Injury Liability covers the policyholder in case they are sued by a third party for damages, including medical bills or property damage. Third parties can also file a claim for suffering and pain if the injury was severe enough to warrant it. The majority of third-party claims, however, are settled by insurance companies. Employing a competent lawyer to the table can ensure that you get the entire 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 responsible for the accident and seek compensation from the responsible party.

A lawyer can also make sure that your claim will cover your entire expenses and losses. They will look at your present and future financial burdens in addition to your physical and mental distress. They will also consider the effects of your injuries on your quality-of-life.

In New York, you may be eligible for compensation under your insurance's Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured, or only carried the minimum amount that is required by law. An attorney can assist you with this option.

It is essential to choose an experienced auto accident lawyer. Their training and expertise puts them in a stronger position to get you what you're entitled to. The insurer of the defendant will recognize that your lawyer is willing to fight the case which can lead to a higher settlement offer.