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New York Auto Accident Law

An attorney for car accidents is your advocate and will make sure that your side of the story gets told. He or she will negotiate with the insurance provider and present your case front of a judge and jury if necessary.

Some states have a tort liability system while others have no-fault laws or auto accident attorneys insurance. There are still strict time limitations known as statutes that must be adhered to.

Fault

The determination of fault is a vital element of the legal insurance claims process. It might seem obvious in certain instances like rear-end collisions, but often it is not. The state laws and the facts of each case are used to determine the fault. Certain states have pure comparative fault. In this case, your percentage of fault determines how much of your damages can be recovered.

Even if your fault was determined to be more than 51%, you may still recover some losses you've suffered through supplemental policies like MedPay and PIP. Additionally, certain states apply modified comparative responsibility. These laws allow injured drivers to utilize their own insurance to pay for expenses even if they're deemed partially at fault for the crash.

It's normal to feel upset and try to blame someone else following an accident. This can result in costly mistakes and cause a negative impact. A good lawyer can help you avoid these pitfalls and get the answers you need quickly and accurately.

Damages

Damages are payments made to pay a victim for financial losses they experienced because of a negligent actions. This kind of compensation can be used to pay for a variety of losses, such as medical costs and lost wages, income, as well as vehicle property damage. A lawyer for car accidents will scrutinize invoices, receipts and other financial documents to accurately determine the amount of damages you're entitled to.

Non-economic damages are often difficult to quantify and include intangible losses like pain and suffering. Insurance companies are known to devalue this type of compensation. It is imperative to speak with an experienced and knowledgeable attorney in tort law to ensure that your damages have been appropriately assessed.

If you've suffered severe injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to escape the no-fault law and file a lawsuit for non-economic and financial damages, including pain and suffering. But, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributed to you. A skilled lawyer will do everything to maximize your claim for damages.

Statute of Limitations

In the event of a car wreck the statutes for limitation are the period of time you can sue for damages. Typically, this is three years, but may differ based on the type of lawsuit and the state's laws.

Statutes of limitations are essential because they guarantee that claims in court can be investigated properly before the deadline is up. After that it might be difficult to locate witnesses. Physical artifacts such as tires and debris may disappear or erode and public records could be lost.

Witnesses are also prone to forget key details over the course of time. For instance it's not realistic to expect eyewitnesses to recall the details of a car auto accident attorneys that occurred 15 years ago. A statute of limitations also restricts plaintiffs from filing legal action too soon following an incident since it could unfairly prejudice the jury against them. This is why it's important to consult with a New York car auto accident claim lawyer and begin the process as soon as possible.

Insurance

All drivers in New York are required by law to carry insurance for their cars. This type of insurance covers the policyholder's as well as their passengers' financial losses regardless of the cause. 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 provides the victim with compensation if they are injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM coverage is usually offered with a minimum limit of $25,000 per person or $50,000 per auto accident claim.

The policyholder is liable under Bodily Injury liability if the third party sues them for damages, including property damage and auto accident law medical bills. Third parties can also file claims for pain and suffering if the injury was severe enough to warrant. The majority of third-party claims, however, are resolved by insurance companies. Bringing a skilled lawyer on board can ensure that you receive the entire amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and costly that range from car damage to medical bills to lost wages. A lawyer can assist you determine who the primary cause of the accident was, and seek compensation from the person responsible.

A lawyer can also make sure that your claim will cover all expenses and losses. They will consider your current and potential financial costs as well as your emotional and physical distress. They will also consider the impact of your injuries on your life quality.

In New York, you may be eligible for auto accident law compensation under your policy's Uninsured Motorist coverage (UM) when the negligent driver was not insured or only carried the minimum amount legally required. An attorney can assist you with this option.

It is essential to work with an experienced attorney for car accidents. Their knowledge and training puts them in the best position to obtain you the compensation you deserve. Your attorney will let insurance company of the defendant know that you're willing to accept the case. This can lead to an increase in the settlement amount.