New York Auto Accident Law

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

Some states use an old tort liability system while others do not have any fault or add on auto accident law firm, have a peek here, insurance laws. In any case, there are strict time limitations, referred to as statutes or limitations that must be followed.

Fault

Determining fault is an essential part of the legal and insurance claims process. In certain instances, such as rear-end collisions or similar circumstances, it may appear simple, but in other instances, it's not. The determination of fault is based on state laws and the specific facts of each instance. Some states have pure comparative fault, in which your percentage of the accident determines the amount of damages you can recover.

Even if your culpability is determined to be higher than 51%, you may still be able to recover some damages you have suffered with additional policies such as MedPay and PIP. Certain states also have modified comparative negligence. These laws allow injured drivers to use their own insurance to cover the cost of their injuries even if they're partly responsible for the accident.

After an accident, it's normal to be shaken up and to want to point the finger at someone else. This could lead to costly mistakes and could have a negative impact. A skilled lawyer can help you avoid these mistakes and help you get the answers you require quickly and precisely.

Damages

Damages are the compensations given to compensate victims for financial loss caused due to the negligence of another person. The type of compensation offered can be used to pay for a variety of losses, like medical expenses, lost wages or income and vehicle property damage. A skilled lawyer for car accidents will scrutinize receipts, invoices, and other financial documents to calculate accurately the amount of damages you are owed.

Non-economic damages are more difficult to quantify, and often comprise intangible losses like pain and suffering. This kind of compensation is usually subject to devaluation by insurance providers and it is essential to consult with a knowledgeable tort lawyer to ensure your damages are fairly valued.

In New York, if you suffered serious injuries, or if your losses were greater than the policy limits it is possible to evade the no-fault system and sue for all your non-economic and economic damages, including pain and suffering. New York is a state that has a system of comparative negligence, which means that your compensation will be reduced based on the percentage of blame you're assigned. A competent attorney will be able to maximize the damages you are entitled to.

Statute of Limitations

In the event of a car accident the statutes of limitations are the period of time that you must sue to recover damages. This can vary from three years to five depending on the type and state of the lawsuit.

Statutes of limitation are vital as they ensure that any claim made in court is properly investigated prior to the time limit expires. After this time it could be impossible to locate witnesses. Physical artifacts like tire marks and other debris could disappear or become eroded and public records could be misplaced.

As the years pass, witnesses tend to forget important details. It's 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 filing a lawsuit too early after the incident as it could unfairly prejudice the jury against them. This is why it's always important to consult with a New York car accident lawyer and begin the process as soon as you can.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance pays the policyholder's and their passengers' financial losses, regardless of fault. This is known 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 insurance policy provides the victim with compensation if they are injured by an uninsured or underinsured motorist or in a hit and run accident. UM/UIM is typically provided in the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is protected under Bodily Injury liability when a third-party sues them for damages, such as medical bills or property damage. Third parties can also claim injury and pain that are severe enough. The majority of third-party claims, however they are resolved by insurance companies. A skilled lawyer can assist you to recover the maximum amount of damages.

Contact an attorney

Car accidents are stressful and expensive. From car damage to medical bills to lost wages and even lost wages, they can be expensive. A lawyer can help determine who's fault the incident was, and seek compensation from the person responsible.

A lawyer can also ensure that your claim covers all of your expenses and losses. They will look at your present and future financial burdens in addition to the physical and emotional stress you are experiencing. In addition, they'll consider the impact your injuries have caused on your life quality.

In New York, if the negligent driver didn't have insurance or only carried the minimum amount required by law, you might be able recover the amount under your policy's uninsured motorist coverage (UM). This option is discussed with an attorney.

It is essential to partner with a seasoned car accident attorney. Their experience and training puts them in a better position to secure the compensation you deserve. Your attorney will let the insurer of the defendant know that you are willing to take on the case. This usually results in an increase in the settlement offer.