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New York Auto Accident Law

An attorney who handles car accidents is your advocate and will make sure that your side of the story is told. They will discuss your case with the insurance company and then present your case front of a judge and jury if needed.

Some states adhere to a tort liability system that is traditional and others have no fault or add on auto accident law firms insurance laws. Regardless, there are still strict time limits, also known as statutes of limitations which must be adhered to.

Fault

Determining fault is an essential aspect of the legal and insurance claims process. It might seem obvious in some cases like rear-end collisions but generally it is not. The determination of fault is based upon state laws and the specific facts of each instance. Certain states have pure comparative fault. In this case, your percentage of fault determines how much of your damages you are able to recover.

Even if your fault was determined to be higher than 51%, you may still recover some damage you've sustained through additional policies like MedPay and PIP. Additionally, certain states have modified comparative fault. These laws permit injured drivers to make use of their own insurance to cover expenses even if they're partly responsible for the accident.

It's normal for people to be upset and want to blame someone else following an accident. However, doing this could backfire and lead to costly errors in the future. A competent lawyer will help you avoid these pitfalls and give you the information you require quickly and accurately.

Damages

Damages are the compensations given to compensate victims for financial loss caused due to the negligence of another person. This type of compensation may be used to cover a variety of losses, like medical expenses and lost wages, income as well as damage to the vehicle. A skilled lawyer for car accidents will examine receipts, invoices, and other financial documentation to accurately calculate the amount of special damages you're owed.

Non-economic damages are harder to quantify, and often comprise intangible losses such as pain and suffering. Insurance companies are known to undervalue this kind of compensation. It is crucial to speak with a seasoned attorney in tort law to ensure that your damages have been appropriately assessed.

In New York, Auto accident law firms if you suffered serious injuries or if your losses were greater than the limits of your insurance policy, you may be able to avoid the no-fault system by suing for all your economic and non-economic damages, including pain and suffering. New York is a state which uses comparative negligence therefore your claim will be reduced based on the percentage of fault you are assigned. A competent lawyer will be able to maximize your claim for auto accident law firms damages.

Statute of limitations

In the event of a car wreck, the statutes of limitations are the period of time you are allowed to sue for damages. Typically, it is three years, but may differ based on the type of lawsuit and the laws of the state.

Statutes of limitations are essential, as they ensure that any claim filed in court is investigated properly before the deadline expires. After this time it could be impossible to locate witnesses. Physical artifacts like tire marks and other debris could disappear or erode and public records could be lost.

Witnesses also tend to forget crucial details with the course of time. For instance it would be untrue to expect witnesses to remember specific details regarding the car crash that occurred 15 years ago. A statute of limitations prohibits plaintiffs from bringing a suit too soon after the incident, because it could prejudice the jury against them. This is why it's always crucial to speak with a New York car accident lawyer and begin the process as soon as possible.

Insurance

New York law requires all drivers to carry insurance for their cars. This type insurance covers the policyholder's and their passengers' financial losses, regardless of the person's fault. This is also 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 of insurance compensates victims who are injured due to uninsured, underinsured or hit-and-run motorists. UM/UIM coverage is typically provided with a minimum amount of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they're sued by a third party to recover damages, including medical bills or property damage. Third parties may also make claims for suffering and pain in cases where the injury was serious enough to warrant it. However, most third party claims are resolved through insurance companies. A knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents are stressful and costly. From vehicle injuries to medical costs to lost wages they can be costly. A lawyer can assist you determine who is responsible for the accident was and seek compensation from the party responsible.

A lawyer will also ensure that your claim is inclusive of all of your losses and expenses. They will take into account your expenses, as in addition to physical and emotional suffering. They will also consider the effects of your injuries on your quality-of-life.

In New York, if the negligent driver did not have insurance or carried only the minimum amount required by law, you might be able to recover under your own policy's uninsured motorist coverage (UM). An attorney can assist you with this option.

It is important to hire an experienced lawyer for auto accident lawyers accidents. Their education and experience puts them in a stronger position to negotiate for the settlement you deserve. The insurer of the defendant will recognize that your lawyer is willing to pursue the case, which usually results in a higher settlement offer.