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New York Auto Accident Law Firms Accident Law

A car accident attorney is your advocate and will make sure that your side of the story gets told. They will present your case to a judge or jury, if necessary, and negotiate with the insurance company.

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

Fault

The determination of fault is a vital element of the legal insurance claims process. It might appear obvious in some instances such as rear-end collisions, but usually it's not. The degree of fault is determined by state laws and the specific facts of each case. Some states apply pure comparative negligence, in which the proportion of blame you owe in an accident determines the damages you can claim.

Even if you're determined to be more than 51% accountable there's a the possibility of recovering certain damages through additional insurance like MedPay or PIP policies. In addition, some states apply modified comparative responsibility. These laws allow injured motorists to utilize their own insurance coverage to cover costs, even if are found to be partially responsible for the incident.

It's normal to be angry and try to blame someone else after an accident. This could lead to costly mistakes and result in negative consequences. A good lawyer can assist you in avoiding these traps and provide the answers you require quickly and accurately.

Damages

Damages are compensations that compensate victims for financial losses they have suffered due to another party's negligent actions. This type of compensation can be used to pay for a variety of damages, including medical expenses, missed wages or income, as well as vehicle property damage. A lawyer for car accidents will examine receipts, invoices and other financial documents to accurately calculate how much damages you're due.

Non-economic damages are harder to quantify and often include intangible damages like pain and suffering. Insurance companies are known for devaluing this type of compensation. It is crucial to speak with an experienced and knowledgeable attorney in tort law to ensure that your damages are fairly assessed.

In New York, if you suffered serious injuries or if your losses exceeded the policy limits it is possible to evade the no-fault system, and sue for all your economic and non-economic damages including suffering and pain. New York is a state that relies on comparative negligence therefore your claim will be reduced according to the percentage of blame you're assigned. A skilled lawyer will strive to maximize the amount you can claim.

Statute of Limitations

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

Statutes of limitation are important, as they ensure that any claim filed in court is properly investigated before the deadline expires. After that it could be difficult to locate witnesses. Physical artifacts like tire marks and other debris could disappear or become eroded and public records could be lost.

As time passes, witnesses tend to forget important details. It would be unreasonable to believe that eyewitnesses can recall all the details of a crash that took place 15 years ago. A statute of limitations also prohibits plaintiffs from taking legal action too early following an incident since it would unfairly prejudice the jury against them. This is why it's always important to speak with a New York car accident lawyer and start the process as soon as possible.

Insurance

All drivers in New York are required by law to carry car insurance. This type insurance covers the policyholder's and their passengers' economic losses regardless of the cause. This is referred to 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 insurance policy provides compensation to victims injured by an uninsured or underinsured motorist or in a hit-and-run accident. UM/UIM coverage is usually provided with a minimum of $25,000 per person or $50,000 per accident.

The policyholder is protected under Bodily Injury liability in the event that a third-party sues them for damages, such as medical bills and property damage. Third parties can also file claims for injury and pain that are severe enough. Most third-party claims, however are settled by insurance companies. Bringing a skilled lawyer on board can ensure that you are able to recover the entire amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and costly that range from car damage to medical bills to lost wages. A lawyer can assist you determine who is responsible for the accident was, and seek compensation from the responsible party.

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

In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) when the negligent driver was not insured or only carried the minimum amount that is required by law. An attorney can provide you with this possibility.

It is important to partner with a seasoned attorney for car accidents. Their knowledge and training puts them in the best position to obtain you the money you deserve. Your lawyer will let the insurance company of the defendant know that you're willing to take on the case. This can lead to an increase in settlement offers.