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New York auto accident lawyer Accident Law

A car accident lawyer is your advocate, making sure your side of the story is told. The lawyer will present your case to a judge and jury, if needed and negotiate with the insurance company.

Certain states have a tort liability system that is traditional and some states have no fault or add on auto accident lawyers insurance laws. There are time limitations that are strictly enforced known as statutes that must be adhered to.

Fault

Determining who is at fault is an important element of the insurance and legal process of claiming. It may appear obvious in certain cases like rear-end collisions but generally it's not the case. The determination of fault is based upon state laws and the facts of each incident. Some states apply pure comparative negligence. the percentage of fault you are responsible for in an accident determines what damages you are able to claim.

Even if your fault is discovered to be greater than 51%, you may still collect some of the losses you've suffered through additional policies such as MedPay and PIP. In addition, some states apply modified comparative fault. These laws allow injured motorists to make use of their own insurance to pay for expenses even if they're partially responsible for the accident.

It's normal to be upset and want to blame someone else for an accident. This could lead to costly mistakes and cause a negative impact. A competent lawyer will help you avoid these mistakes and will provide the answers you need quickly and precisely.

Damages

Damages are compensations made to pay victims for financial losses caused by the negligence of another party. This type of compensation can be used to cover a variety of losses, such as medical costs in addition to lost wages or income, and vehicle property damage. A lawyer for car accidents will review invoices, receipts and other financial documents to accurately determine the amount of damages you're due.

Non-economic damages are harder to quantify and usually include intangible damage like pain and suffering. Insurance companies are known for devaluing this kind of compensation. It is essential to consult an experienced lawyer in torts to ensure that your damages have been properly assessed.

In New York, if you suffered serious injuries, or if your losses surpassed the limits of your insurance policy, auto accidents you may be able to escape the no-fault system and sue for all of your economic and non-economic damages which includes suffering and pain. However, because New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault that is assigned to you. A knowledgeable attorney will do everything to maximize the damages you can claim.

Statute of limitations

In the event of a car crash the statutes of limitations are the time frames you are allowed to sue for damages. Typically, it is three years but can differ depending on the nature of lawsuit as well as the state's laws.

Statutes of limitations are essential as they ensure that any claim made in court is properly investigated before the deadline 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 time passes, witnesses tend to forget important information. It would be unreasonable to think that eyewitnesses would recall all the details of a car crash that took place 15 years ago. A statute of limitations also prohibits plaintiffs from bringing legal action too soon after an incident because it would unfairly prejudice the jury against them. This is why it's important to consult with a New York car accident lawyer and begin the process as soon as possible.

Insurance

New York law requires all drivers to have car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for economic losses if they are involved in an accident regardless of who was the cause of the accident. 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 provides the victim with compensation if they are injured by an uninsured or underinsured motorist or in a hit-and-run accident. UM/UIM coverage is typically offered with a limit of $25,000 per person or $50,000 per accident.

Bodily Injury Liability covers the policyholder if they are sued by a third-party for damages, including medical bills or property damage. Third parties can also file a claim for pain and suffering if the injury was severe enough to warrant it. Most third-party claims, however, are resolved by insurance companies. A knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly. From car injuries to medical costs to lost wages they can be costly. A lawyer can help identify who was at fault for the accident and seek compensation from the responsible party.

A lawyer can also guarantee that your claim will cover all of your losses and expenses. They will take into account the present and future costs of living as in addition to physical and emotional suffering. They will also take into account the impact of your injuries on your quality of life.

In New York, if the negligent driver was not covered by insurance or only carried the minimum amount required by law, you could be able to recover under your policy's uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is essential to choose an experienced lawyer for auto accidents. Their experience and training puts them in a stronger position to secure the compensation you deserve. The insurer of the defendant will recognize that your attorney is willing to fight the case which can lead to an increased settlement offer.