The 9 Things Your Parents Taught You About Auto Accident Lawyer

New York auto accident lawyers Accident Law

An attorney for car accidents is your advocate and will ensure that your account of the incident is heard. He or she will discuss your case with the insurance company and present your case in front of a judge and jury, if required.

Certain states have a tort liability system that is traditional and others have no fault or add on auto insurance laws. In any case, there are strict time limitations, referred to as statutes of limitations that must be followed.

Fault

The process of determining fault is an essential part of the legal and insurance claims process. It might appear obvious in some instances such as rear-end collisions. However, often it is not. Fault is determined based on state laws and the facts of each case. Certain states have pure comparative fault. In this case, your percentage of fault determines the amount of damage you can claim.

If you're found to be more than 51% accountable, you may still have a chance to collect some of your damages with additional coverage, such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured motorists to utilize their own insurance coverage to pay costs, even if they are found partially at fault for the crash.

After an accident, it's natural to feel a bit shaken up and to feel the need to point the finger at another person. This can result in costly mistakes and have a negative impact. A good lawyer can help you avoid these pitfalls and will provide the answers you require quickly and with precision.

Damages

Damages are the amount paid to compensate a victim for the financial loss they suffered due to another party's negligent actions. This type of compensation could cover a variety of losses, including medical costs and lost wages, income, and vehicle property damage. A competent lawyer for car accidents will scrutinize receipts, invoices, and other financial documentation to calculate accurately the amount of special damages you are owed.

Non-economic damages are more difficult to quantify and often include intangible harms like pain and suffering. Insurance companies are known to devalue this type of compensation. It is imperative to speak with a seasoned tort lawyer to ensure that your damages have been properly valued.

In New York, if you suffered serious injuries, or if your losses were greater than the limits of your insurance policy it is possible to get out of the no-fault system, and sue for all your non-economic and economic damages, including pain and suffering. But, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault assigned to you. A knowledgeable lawyer will be able to maximize your compensation for damages.

Statute of limitations

In the event of a car accident the statutes of limitations are the time limits that you must sue to recover damages. Typically, this is three years, but may differ depending on the nature of lawsuit as well as the state's laws.

Statutes of limitations are essential because they guarantee that claims made in court can be thoroughly investigated before the deadline expires. After this time it could be too late to identify witnesses, physical evidence like the marks of tires and debris could disappear or be destroyed, and public records could be lost.

Witnesses also have a tendency to forget key details over the course of time. For example it is not reasonable to expect witnesses to remember specific details about a car accident that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too soon after the incident, because it may unfairly disadvantage the jury. It's important to contact a New York auto accident lawyer as soon as possible and begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to compensate the policyholder and their passengers for economic losses if they are involved in an accident regardless of who was at 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, overinsured, or hit-and-run motorists. UM/UIM is usually offered with the amount of $25,000 for a person and $50,000 per accident.

Bodily Injury Liability protects the policyholder in the event that they are sued by a third-party for damages, such as medical bills or property damage. Third parties can also claim pain and suffering for injuries that are serious enough. Third-party claims are, however, the majority, are settled by insurance companies. A skilled lawyer on board can ensure that you receive the maximum amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and expensive that range from car damages to medical bills to lost wages. An attorney can help determine who the primary cause of the accident was, and seek compensation from the party responsible.

A lawyer can also make sure that your claim will cover your entire expenses and losses. They will consider your current and future financial expenses as well as your emotional and physical distress. They will also consider the impact of your injuries on your quality-of-life.

In New York, if the negligent driver did not have insurance or carried only the minimum amount required by law, you might be able recover the amount under your own policy's uninsured motorist coverage (UM). An attorney can help you understand this option.

It is important to hire an experienced auto accident lawyer. Their education and experience puts them in better position to secure you the money you need. The insurer of the defendant will know that your attorney is willing to pursue the case, which is often the reason for a higher settlement offer.