20 Trailblazers Are Leading The Way In Auto Accident Lawyer
New York auto accidents Accident Law
An attorney who handles car accidents is your advocate and will make sure that your account of the incident is told. The lawyer will present your case to a judge or jury, if needed, and bargain with the insurance company.
Certain states have a tort liability system while others have no-fault laws or auto insurance. But, there are strict time limitations, referred to as statutes of limitations which have to be adhered to.
Fault
The determination of fault is a vital element of the legal insurance claims process. It may appear obvious in certain cases such as rear-end collisions but generally it's not. Fault is determined based on state laws and the facts of each case. Some states have pure comparative fault, where your percentage of fault determines how much of your damages you are able to recover.
Even if your fault was found to be greater than 51%, you could still collect some of the damage you've sustained through additional policies such as MedPay and PIP. Some states also allow modified comparative negligence. These laws permit injured motorists to utilize their own insurance to cover their expenses even if they're partially accountable for the incident.
Following an accident, it's common to feel shaken and want to point the finger at the other person. However, doing so can result in costly mistakes over the long term. A good lawyer can assist you in avoiding these traps and help you get the answers you require quickly and precisely.
Damages
Damages are the compensations given to pay victims of financial losses caused by the negligence of another party. The type of compensation offered can be used to pay for a variety of losses, including medical costs, missed wages or income, and even vehicle property damage. A car accident lawyer will scrutinize invoices, receipts, and other financial documents to accurately determine the amount of damages you're entitled to.
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 type of compensation. It is important to speak with a seasoned attorney in tort law to ensure that your damages have been appropriately valued.
In New York, if you suffered serious injuries, or if your losses exceeded the policy limits you may be able to evade the no-fault system, and sue for all of your economic and non-economic damages including suffering and pain. But, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributable to you. A competent attorney will be able to maximize the damages you are able to recover.
Statute of Limitations
In a car accident the statutes for limitation are the time frames that you must sue to recover damages. Typically, it is three years, but may differ depending on the nature of lawsuit as well as the state's laws.
Statutes of limitations are crucial because they ensure that claims brought in court will be properly investigated prior to the deadline elapses. After that time, it may be too late to locate witnesses, physical evidence like tire marks and debris may disappear or get eroded and public records could be misplaced.
Witnesses are also likely to forget important details with the passage of time. It's not realistic to expect that eyewitnesses could recall all the details of a crash that occurred 15 years ago. A statute of limitations also prevents plaintiffs from seeking legal action too quickly following an incident since it will unfairly prejudice a jury against them. It is essential to contact a New York auto accident law Firm accident lawyer as quickly as you can in order to begin the process.
Insurance
All drivers in New York are required by law to carry insurance for their cars. This type of insurance is designed to pay the policyholder and their passengers for their economic losses in the event of an accident regardless of who was the cause of the accident. This is 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 offers compensation to victims injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM coverage is usually offered with a minimum amount of $25,000 per person or $50,000 per accident.
Bodily Injury Liability covers the policyholder if they're sued by a third party to recover damages, including medical bills or property damage. Third parties can also file claims for pain and suffering when the injury is severe enough to warrant. The majority of third-party claims, however they are settled by insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you receive the entire amount of damages available to you.
Contact an attorney
Car accidents can be stressful and costly with everything from vehicle damages to medical bills to lost wages. An attorney can help determine whose fault the accident was, and obtain compensation from the party responsible.
A lawyer can also ensure that your claim will cover all expenses and losses. They will consider your current and future costs of living as along with physical and emotional stress. They will also consider the effects of your injuries on your quality of life.
In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) in the event that the negligent driver wasn't insured or had the minimum amount of insurance legally required. This option is discussed with an attorney.
It is essential to choose an experienced and knowledgeable auto accident lawsuit accident lawyer. Their knowledge and training put them in a stronger position to negotiate for the settlement you deserve. The insurer of the defendant will know that your lawyer is willing to try the case, which often leads to an increase in settlement offers.