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New York Auto Accident Law

A car accident attorney is your advocate and will make sure that your side of the story is told. They will negotiate with the insurance provider and present your case in front of a judge and jury if needed.

Some states use the tort liability system as it is in common practice and some have no fault or add on auto accident attorneys insurance laws. In any case, there are strict time limits known as statutes of limitations which have to be adhered to.

Fault

Determining who is responsible is an essential part of the insurance as well as legal process of claiming. In some cases, like rear-end collisions and other similar circumstances, it may appear obvious, but in many other cases, it's not. The degree of fault is determined by state laws and the facts of each instance. Some states have pure comparative fault, where your proportion of the cause determines the amount of damages you can recover.

Even if your culpability is determined to be more than 51%, you might still claim some injuries you've suffered as a result of supplemental policies like MedPay and PIP. Additionally, certain states use modified comparative blame. These laws permit injured motorists to utilize their own insurance coverage to pay expenses, even if they are found to be partially responsible in the accident.

Following an accident, it's normal to feel shaken and to want to point the finger at another person. This can result in costly mistakes and cause a negative impact. A skilled lawyer can help you avoid these pitfalls and get the answers you require quickly and efficiently.

Damages

Damages are the compensations given to compensate victims of financial losses caused due to the negligence of another person. The type of compensation offered can be used to pay for a variety of losses, such as medical costs and lost wages, income and damage to property of vehicles. A lawyer for car accidents will examine receipts, invoices and other financial documents in order to determine the amount of damages you're due.

Non-economic damages are harder to quantify and typically include intangible damages such as pain and suffering. Insurance companies are known to undervalue this type of compensation. It is crucial to speak with a seasoned tort attorney to make sure that your damages have been properly assessed.

In New York, if you suffered serious injuries or if your losses were greater than the policy limits, you may be able to get out of the no-fault system and pursue for all your non-economic and economic damages which includes suffering and pain. However, because New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributed to you. A competent attorney will be able to maximize the damages you are entitled to.

Statute of limitations

In a car accident the statutes of limitations are the time frames 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 limitations are crucial as they ensure that claims brought in court will be properly investigated before the deadline expires. After that time, it may be too late for witnesses, physical evidences such as tire marks and auto accident lawyer debris may disappear or be destroyed, and public records may be lost.

As time passes, witnesses also tend to forget important details. It is not reasonable to expect that eyewitnesses could recall all the details of a car crash that occurred 15 years ago. A statute of limitations prevents plaintiffs from bringing a suit too late after the accident, since it could prejudice the jury against them. It's important to contact an New York auto accident lawyer as soon as you can and start the process.

Insurance

All drivers in New York are required by law to have car insurance. This type of insurance compensates the policyholder's as well as their 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 insurance pays victims who have been injured by uninsured, insufficiently insured, or hit-and-run motorists. UM/UIM is typically available in minimum limits of $25,000 per person and $50,000 per accident.

Bodily Injury Liability protects the policyholder if they are sued by a third party for auto accident Lawyer damages, such as medical bills or property damage. Third parties can also assert injury and pain that are severe enough. Third-party claims are, however, the majority they are settled by insurance companies. A skilled lawyer can help you to recover the maximum amount of damages.

Contact an Attorney

Car accidents can be stressful and costly. From vehicle damage to medical costs to lost wages they can be costly. A lawyer can assist you determine who the primary cause of the accident was, and seek compensation from the party responsible.

A lawyer can also ensure that your claim will cover all expenses and losses. They will take into account the present and future financial expenses as well as emotional and physical stress. In addition, they'll consider the impact that your injuries have caused on your quality of life.

In New York, you may be able to claim compensation under your policy's Uninsured Driver coverage (UM) if the negligent driver was not insured or only had the minimum amount of insurance 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 experience put them in an ideal position to get you the money you need. The insurance company of the defendant will be aware that your lawyer is prepared to fight the case which usually results in an offer of a higher settlement.