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New York auto accident law firms Accident Law

An attorney who handles car accidents is your advocate and will ensure that your account of the incident is told. He or she will discuss your case with the insurance company and argue your case before a judge and jury if needed.

Certain states have an tort liability system while others have no-fault or auto insurance laws. However, there are strict time limitations, referred to as statutes of limitations which must be observed.

Fault

Determining who is responsible is a crucial element of the insurance and legal claims process. It might appear obvious in certain cases such as rear-end collisions, but often it is not the case. The degree of fault is determined by state laws and the specific facts of each instance. Certain states employ pure comparative negligence. In this case, the proportion of fault you have in an accident determines the damages you are able to claim.

Even if you're determined to be more than 51% accountable and liable, you could still have a an opportunity to recover some of the damages you suffered with additional coverage such as MedPay or PIP policies. In addition, some states have modified comparative fault. These laws allow injured motorists to utilize their own insurance to cover expenses even if they're deemed partially responsible for the collision.

It's normal to be upset and want to blame someone else following an accident. But, this can result in costly mistakes in the long run. A competent lawyer can help you avoid these mistakes and get the answers you require quickly and precisely.

Damages

Damages are the compensations given to compensate victims for financial losses incurred through the negligence of a third party. This type of compensation can cover a variety of expenses, such as medical expenses in addition to lost wages or income, and even vehicle property damage. A car accident lawyer will examine invoices, receipts and other financial documents to determine the amount of damages you're entitled to.

Non-economic damages are more difficult to quantify, and often include intangible damage like pain and suffering. Insurance companies are known to devalue this type of compensation. It is important to speak with a seasoned tort attorney to make sure that your damages have been appropriately valued.

In New York, if you suffered serious injuries or if your losses surpassed the limits of your insurance policy it is possible to escape the no-fault system, and sue for all your economic and non-economic damages including suffering and pain. However, because New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributable to you. A knowledgeable lawyer will be able to maximize your compensation for damages.

Statute of limitations

In the case of a car accident, the statute of limitations is the amount of time you are required to pursue a lawsuit in order to recover damages. Typically, auto accident lawyer it is three years but can vary based on the kind of lawsuit and the laws of the state.

Statutes of limitations are essential in that they ensure that any claim filed in court is properly investigated before the deadline runs out. After this time it could be difficult to find witnesses. Physical artifacts, such as tire marks and other debris could disappear or become eroded and public records could be misplaced.

As time passes, witnesses also tend to forget important details. It's not realistic to assume that witnesses could recall all the details of a accident that occurred 15 years ago. A statute of limitation prohibits plaintiffs from filing a lawsuit too quickly after the incident, because it may unfairly disadvantage the jury. It is important to speak with an New York auto accident law firms accident lawyer as soon as possible and start the process.

Insurance

All drivers in New York are required by law to have car insurance. This type insurance covers the policyholder's and passengers' financial losses, regardless of the fault. This kind of insurance is also known as 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 of insurance compensates victims who are injured by uninsured, insufficiently insured, or hit-and-run motorists. UM/UIM coverage is typically offered with a minimum of $25,000 per person or $50,000 per accident.

The policyholder is protected by Bodily Injury liability if an outside party sues them for damages, such as medical bills or property damage. Third parties can also bring a claim for pain and suffering if the injury was severe enough to warrant it. However, most third party claims are settled through insurance companies. A knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an Attorney

Car accidents are stressful and expensive. From car damages to medical expenses to lost wages they can be costly. An attorney can help determine the person responsible for the accident and pursue compensation from the responsible party.

A lawyer can also ensure that your claim is inclusive of all of your expenses and losses. They will consider your future and present expenses, as in addition to physical and emotional suffering. In addition, they'll consider the impact that your injuries have affected your quality of life.

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

It is important to work with an experienced auto accident lawyer. Their training and experience put them in the best position to obtain you the amount you're entitled to. Your lawyer will let the insurers of the defendants know that you're willing to take on the case. This often leads to an increase in the settlement amount.