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New York auto accident law firm Accident Law
A car accident lawyer is your advocate, making sure your side of the story is told. He or she will negotiate with the insurance provider and present your case the presence of a judge or jury if necessary.
Certain states have a tort liability system while others have no-fault or auto insurance laws. There are still time limits known as statutes that must be adhered to.
Fault
Determining fault is an essential part of the legal and insurance claims process. In certain instances, such as rear-end collisions or similar circumstances, it may seem simple, but in others, it is not. The degree of fault is determined by state laws and the specific facts of each case. Some states use pure comparative negligence, in which the percentage of fault you bear in an accident determines the damages you are entitled to claim.
Even if you're determined to be more than 51% responsible however, you might still have the chance to recover some of the damages you suffered with supplemental coverage like MedPay or PIP policies. Some states also allow modified comparative negligence. These laws permit injured motorists to make use of their own insurance coverage to pay costs, even if they are found to be partially responsible for the accident.
After an accident, it's normal to feel shaken and to want to point the finger at someone else. However, this could cause costly mistakes over the long term. A good lawyer can assist you in avoiding these traps and provide the information you need quickly and accurately.
Damages
Damages are compensations that compensate victims for financial losses they experienced due to another party's negligent actions. The type of compensation offered can be used to pay for a variety of losses, like medical expenses as well as lost wages or income as well as damage to the vehicle. A skilled lawyer for car accidents will look over receipts, invoices, and other financial documentation to determine the exact amount of special damages you're owed.
Non-economic damages are often difficult to quantify, and may include intangible damage such as pain and suffering. Insurance companies are known to devalue this kind of compensation. It is important to speak with an experienced and knowledgeable tort attorney to make sure that your damages have been fairly assessed.
If you've suffered severe injuries or losses that exceed the limits of insurance coverage in New York, you may be able to escape the no-fault law and file a lawsuit for both economic and noneconomic damages including pain and suffering. New York is a state which uses comparative negligence so your claim will be reduced based on the percentage of fault you are assigned. A skilled lawyer will do everything to maximize your compensation for damages.
Statute of Limitations
In the event of a car accident the statutes of limitations are the time frames that you must sue to recover damages. Typically, it is three years however it may vary based on the kind of lawsuit and the laws of the state.
Statutes of limitation are important because they ensure that any claim made in court is properly investigated before the deadline runs out. After that, it may be impossible to locate witnesses. Physical artifacts, such as tire marks and debris could disappear or become eroded, and public records might be lost.
Witnesses also have a tendency to lose important information with the passage of time. For instance it's not realistic to expect witnesses to remember the details of the car crash that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from seeking legal action too quickly 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 have car insurance. This type of insurance is designed to pay the policyholder and their passengers for their financial losses in an accident, regardless of who was the cause of the accident. 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 coverage provides compensation if a victim is injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM is typically available in minimum limits of $25,000 per person and $50,000 per accident.
The policyholder is liable under Bodily Injury liability in the event that a third-party sues them for damages, including medical bills or property damage. Third parties can also file claims for pain and suffering for injuries that are serious enough. The majority of third party claims, however, are resolved by insurance companies. A competent lawyer can help you recover the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and expensive, from vehicle damage to medical bills to lost wages. A lawyer can help you determine who is responsible for the accident was, and then seek compensation from the party responsible.
A lawyer can also ensure that your claim includes all of your expenses and losses. They will look at your present and potential financial costs in addition to your physical and mental distress. They will also take into account the impact of your injuries on your life quality.
In New York, if the negligent driver did not have insurance or only carried the minimum amount required by law, you might be able to claim compensation under your insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney.
It is important to work with an experienced lawyer for auto accident law firm accidents. Their experience and training put them in the best position to obtain you the money you deserve. The insurer of the defendant will recognize that your lawyer is prepared to take on the case, which usually results in an increased settlement offer.