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New York Auto Accident Law

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

Certain states have the tort liability system as it is in common practice while others do not have any fault or add on auto insurance laws. However, there are strict time limits, Auto Accident also known as statutes of limitations that have to be adhered to.

Fault

The determination of fault is a vital element of the legal insurance claims process. In certain situations, like rear-end collisions, or other similar circumstances, it may seem obvious, but in many other instances, it's not. Fault is determined based on state laws and Auto accident the facts of each case. Some states have pure comparative fault, where your percentage of fault determines how much of your damages you can recover.

Even if your culpability is found to be greater than 51%, you could still be able to recover some losses you've suffered through additional policies such as MedPay and PIP. Certain states also use modified comparative negligence. These laws permit injured motorists to make use of their own insurance coverage to cover costs, even if are found to be partially responsible in the accident.

After an accident, it's natural to feel shaken and want to point the finger at someone else. However, this could cause costly mistakes in the end. A competent lawyer will help you avoid these mistakes and provide the answers you require quickly and efficiently.

Damages

Damages are payments made to pay a victim for financial losses they suffered because of another's negligent actions. This kind of compensation could be used to pay for a variety of losses, including medical costs as well as lost wages or income and property damage to vehicles. A skilled lawyer for car accidents will examine invoices, receipts and other financial records to calculate accurately the amount of special damages you're due.

Non-economic damages can be difficult to quantify, and include intangible damages like pain and suffering. This type of compensation is frequently subject to devaluation by insurance companies and it is crucial that you consult a knowledgeable tort lawyer to ensure your damages are properly valued.

In New York, if you suffered serious injuries, or if your losses surpassed the limits of your insurance policy the possibility exists for you to avoid the no-fault system by suing for all of your non-economic and economic damages as well as pain and suffering. New York is a state that uses comparative negligence, so your claim will be reduced by the proportion of fault you are assigned. A skilled lawyer will work hard to maximize your recovery for damages.

Statute of Limitations

In a car accident the statutes of limitations are the period of time you have to sue for damages. It can range from three years to five years, based on the nature and status of the lawsuit.

Statutes of limitations are crucial as they ensure that any claim filed in court is investigated properly prior to the time limit expires. After this period it could be too late to identify witnesses, physical evidence like tire marks and debris may disappear or be eroded, and public records may be lost.

As time passes, witnesses tend to forget important information. For example it is not reasonable to expect witnesses to remember specific details about an automobile accident that happened 15 years ago. A statute of limitations prevents plaintiffs from bringing a lawsuit too early after the incident because it could disadvantage the jury. It is important to speak with an New York auto accident lawsuits accident lawyer as quickly as you can in order to start 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 financial losses in an accident, regardless of who was responsible for the fault. 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 compensates victims injured by uninsured, underinsured, or hit-and-run motorists. UM/UIM coverage is usually offered with a limit of $25,000 per person or $50,000 per accident.

The policyholder is covered by Bodily Injury liability when an outside party sues them for damages such as medical bills or property damage. Third parties can also file claims for suffering and pain in cases where the injury was serious enough to warrant it. Third-party claims are, however, the majority they are settled by insurance companies. A skilled lawyer can assist you get the maximum amount of damages.

Contact an attorney

Car accidents are stressful and expensive. From car injuries to medical costs to lost wages, they can be costly. An attorney can help determine whose fault the accident was, and obtain compensation from the person responsible.

A lawyer can also ensure that your claim is inclusive of all expenses and losses. They will take into account your current and future costs of living as well as emotional and physical suffering. In addition, they'll take into consideration the impact that your injuries have caused on your quality of life.

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

It is important to hire an experienced auto accident law firms accident lawyer. Their experience and training put them in an ideal position to get you the compensation you deserve. Your lawyer will let the insurer of the defendant know that you're willing to accept the case. This often leads to an increase in settlement offers.