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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. They will discuss your case with the insurance company and present your case front of a judge and jury if necessary.

Certain states have a tort liability system while others have no-fault or auto accident Law firm insurance laws. There are strict time limits known as statutes which must be followed.

Fault

Finding out who is to blame is an important part of the insurance and legal process of claiming. It may seem obvious in certain instances such as rear-end collisions, but usually it's not the case. The state laws and facts of each instance are used to determine the extent of fault. Some states use pure comparative negligence, in which the proportion of fault you are responsible for in an accident determines the damages you can claim.

Even if your fault is determined to be more than 51%, you might still claim some losses you've suffered through additional policies like MedPay and PIP. Additionally, certain states use modified comparative blame. These laws allow injured motorists to make use of their own insurance coverage to cover expenses, even if they are found partially at fault for the accident.

After an accident, it's natural to be shaken up and to feel the need to blame another person. This can lead to costly mistakes and auto accident law firm can have a negative impact. A good lawyer will help you avoid these pitfalls and give you the answers you require quickly and accurately.

Damages

Damages are compensations that compensate a victim for the financial losses they have suffered because of another's negligent actions. This type of compensation could cover a variety of losses, including medical costs in addition to lost wages or income, and vehicle property damage. A car accident lawyer will examine receipts, invoices and other financial documents to accurately determine the amount of damages you're due.

Non-economic damages are harder to quantify and typically include intangible harms such as pain and suffering. This type of compensation is usually subject to devaluation by insurance providers and it is crucial that you consult a skilled lawyer to ensure that your damages are valued fairly.

In New York, if you suffered serious injuries or if your losses exceeded the limits of your insurance policy the possibility exists for you to evade the no-fault system and pursue for all your non-economic and economic damages including suffering and pain. However, because New York is a comparative negligence state, your compensation will be reduced by the percentage of fault assigned to you. A skilled lawyer will work hard to maximize the amount of damages.

Statute of Limitations

In the event of a car crash the statutes of limitations are the period of time you can sue for damages. Typically, this is three years but can vary depending on the type of lawsuit as well as the state's laws.

Statutes of limitations are essential as they ensure that claims in court can be properly investigated before the deadline runs out. After this time it could be too late to locate witnesses, physical evidence like debris and tire marks can disappear or be destroyed, and public records may be misplaced.

Witnesses also tend to lose important information with the course of time. For instance it is not reasonable for eyewitnesses to be expected to recall specific details regarding the car crash that occurred 15 years ago. A statute of limitations also restricts plaintiffs from filing legal action too soon following an incident since it will unfairly prejudice a jury against them. It is important to speak with an New York auto accident lawyer as quickly as you can in order to begin the process.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance is designed to compensate the policyholder and their passengers for their economic losses in an accident regardless of who was at fault. This type of insurance is also called 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, underinsured or hit-and-run drivers. UM/UIM coverage is typically provided with a minimum limit of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also assert injury and pain that are severe enough. However, most third party claims are settled through insurance companies. A skilled lawyer to the table can ensure that you receive the entire amount of damages that are available to you.

Contact an attorney

Car accidents are stressful and costly. From car injuries to medical costs to lost wages they can be costly. A lawyer can assist you determine who's fault the incident was, and obtain compensation from the party responsible.

A lawyer will also ensure that your claim includes all of your losses and expenses. They will take into account your financial costs as in addition to physical and emotional distress. In addition, they'll consider the impact that your injuries have affected your quality of life.

In New York, you may be eligible for compensation under your policy's Uninsured Driver coverage (UM) if the negligent driver was not insured or carried the minimum amount required by the law. This option is discussed with an attorney.

It is important to work with an experienced attorney for auto accidents. Their education and experience puts them in a better position to get you the compensation you deserve. Your attorney will let the insurance company of the defendant know that you are willing to accept the case. This can lead to an increase in settlement offers.