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New York Auto Accident Law

A lawyer who handles car accidents is your advocate, ensuring your side of the story is presented. The lawyer will present your case to a judge or jury, if necessary and negotiate with the insurance company.

Certain states have a tort liability system, while others have no-fault laws or auto accident attorney insurance. However, there are strict time limits, commonly referred to as statutes or limitations that have to be adhered to.

Fault

Determining who is at fault is an important part of the insurance and legal process of claiming. In some cases, like rear-end collisions or other similar situations, it could appear evident, but in other instances, it's not. The state laws and the facts of each instance are used to determine fault. Certain states have absolute comparative fault. This means that your percentage of fault determines the amount of damages you can recover.

Even if the fault found to be greater than 51%, you can still collect some of the injuries you've suffered as a result of supplemental policies like MedPay and PIP. Some states also apply modified comparative negligence. These laws allow injured motorists to use their own insurance coverage to pay expenses, even if they are found partially at fault for the incident.

It's normal for people to be upset and want to blame someone else following an accident. This can lead to costly mistakes and have a negative effect. A skilled lawyer can help you avoid these mistakes and get the answers that you need quickly and accurately.

Damages

Damages are compensations made to pay victims of financial losses caused by another party's negligence. This type of compensation could cover a variety of losses, such as medical costs, missed wages or income, and even vehicle property damage. A skilled car accident lawyer will examine invoices, receipts, and other financial documents to accurately calculate the amount of damages you're due.

Non-economic damages are harder to quantify and usually include intangible harms like pain and suffering. This kind of compensation is often subject to devaluation by insurance providers and it is crucial to consult with a knowledgeable tort attorney to ensure that your damages are fairly valued.

If you've suffered severe injuries or if the losses exceed the policy limits in New York, you may be able to get around the no-fault law and file a lawsuit for non-economic and financial damages including pain and suffering. New York is a state that uses comparative negligence, so your recovery will be reduced depending on the percentage of blame you're given. A skilled attorney will work hard to maximize the amount you are entitled to.

Statute of limitations

In a car accident case, the statute of limitations is the period in which you are required to seek damages. This can vary from three years to five depending on the nature and status of the lawsuit.

Statutes of limitation are important because they guarantee that claims made in court can be properly investigated prior to the deadline elapses. After that it might be difficult to find witnesses. Physical artifacts such as tires and debris may disappear or get eroded, and public records might be lost.

Witnesses also tend to lose important information with the course of time. It's unreasonable to think that eyewitnesses would recall all the details of a car crash that took place 15 years ago. A statute of limitations prohibits plaintiffs from filing a lawsuit too late after the accident, because it could prejudice the jury against them. It is crucial to contact an New York auto accident lawyer as early as you can to begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type insurance covers the policyholder's as well as their passengers' financial losses regardless of the person's fault. This is also 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 pays victims who are injured due to uninsured, overinsured, or hit-and-run drivers. UM/UIM coverage is usually provided with a minimum of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder in the event that they are sued by a third-party for damages, like medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are severe enough. However, most third-party claims are resolved through insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you get the maximum amount of damages available to you.

Contact an Attorney

Car accidents can be stressful and expensive, from vehicle damage to medical bills to lost wages. A lawyer can assist you determine who's fault the incident was, and then seek compensation from the responsible party.

A lawyer can also make sure that your claim will cover all of your expenses and losses. They will consider your financial expenses as also physical and emotional stress. They will also take into account the effects of your injuries on your life quality.

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

It is important to hire an experienced attorney for Auto Accident Law Firm (Fianresearch.Com) accidents. Their knowledge and training put them in a stronger position to obtain the compensation you deserve. Your lawyer will let the insurers of the defendants know that you're willing to accept the case. This can lead to an increase in the settlement offer.