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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 part of the story is heard. They will negotiate with the insurance provider and then present your case the presence of a judge or jury, if required.

Certain states have an tort liability system while others have no-fault laws or auto insurance. But, there are strict time limits known as statutes of limitations which have to be adhered to.

Fault

Finding out who is to blame is a critical part of the insurance as well as legal claims process. It may seem obvious in certain instances like rear-end collisions, but often it's not. The state laws and facts of each case are used to determine fault. Some states have pure comparative fault. In this case, your percentage of the accident determines how much of your damages you are able to recover.

Even if your fault was discovered to be greater than 51%, you may still collect some of the injuries you've suffered as a result of additional policies like MedPay and PIP. In addition, some states apply modified comparative fault. These laws permit injured motorists to use their own insurance coverage to cover costs, even if they are found partially at fault for the incident.

It's normal to feel upset and try to blame someone else for an accident. This could lead to costly mistakes and result in negative consequences. A good lawyer can help you avoid these mistakes and help you get the answers you need quickly and accurately.

Damages

Damages are payments made to help a victim to make up for the financial losses they have suffered as a result of a third party's negligence actions. The type of compensation offered can cover a variety of losses, including medical costs in addition to lost wages or income, as well as vehicle property damage. A skilled attorney for car accidents will scrutinize receipts, invoices, and other financial documentation to calculate accurately the amount of special damages you're owed.

Non-economic damages are more difficult to quantify, and often include intangible damage like pain and suffering. This type of compensation is often subject to devaluation by insurance providers and it is essential that you consult a knowledgeable lawyer to ensure that your damages are fairly valued.

In New York, if you suffered serious injuries, or if your losses surpassed the policy limits you may be able to avoid the no-fault system and sue for all of your non-economic and economic damages which includes suffering and pain. New York is a state which uses comparative negligence so your claim will be reduced according to the percentage of fault you are assigned. A competent attorney will be able to maximize the amount you can claim.

Statute of limitations

In the event of a car wreck, the statutes of limitations are the period of time that you must sue to recover damages. Typically, this is three years however it may vary depending on the type of lawsuit as well as the state's laws.

Statutes of limitation are important in that they ensure that any claim filed in court is investigated properly prior to the time limit expires. After this time, it may be impossible to locate witnesses. Physical artifacts such as tire marks and other debris could disappear or get eroded, and public records might be misplaced.

As the years pass, witnesses tend to forget important information. It's unreasonable to expect that eyewitnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitations also prevents plaintiffs from taking legal action too early after an incident, as it could prejudice the jury against them. This is why it's always crucial to speak with a New York car accident lawyer and start the process as soon as you can.

Insurance

New York law requires all drivers to have car insurance. This type of insurance pays the policyholder's as well as their passengers' economic losses, regardless of the person's fault. This type of insurance is 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 of insurance compensates victims who have been injured by uninsured, underinsured, or hit-and-run drivers. UM/UIM is typically available in the minimum limit of $25,000 per person and $50,000 per accident.

Bodily Injury Liability covers the policyholder if they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also claim pain and suffering for injuries that are serious enough. 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 can be stressful and costly with everything from vehicle damages to medical bills to lost wages. A lawyer can assist you determine who's fault the incident was, and then seek compensation from the party responsible.

A lawyer can also ensure that your claim is inclusive of all your losses and expenses. They will take into account your current and future costs of living as also physical and emotional stress. In addition, they will take into consideration the impact your injuries have affected your life quality.

In New York, you may be able to claim compensation under your policy's uninsured motorist coverage (UM) in the event that the negligent driver was not insured or carried the minimum amount that is required by law. An attorney can assist you with this possibility.

It is important to work with an experienced lawyer for auto accidents. Their education and experience puts them in a better position to secure the compensation you're entitled to. Your attorney will let the insurer of the defendant know that you're willing to accept the case. This often leads to an increase in settlement offers.