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New York auto accident lawyer Accident Law

A car accident lawyer is your advocate, making sure your side of the story is presented. 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 that is traditional while others do not have any fault or add to the auto accident law firms insurance laws. However, there are strict time limits, also known as statutes of limitations that must be observed.

Fault

The determination of who is at fault is a crucial part of the insurance as well as legal process of claiming. It may seem obvious in some cases, such as rear-end collisions, but usually it's not. The state laws and facts of each instance are used to determine the fault. Some states apply pure comparative negligence, where the percentage of fault you are responsible for in an accident determines what damages you are able to claim.

Even if you're found to be more than 51% responsible there's a the possibility of recovering certain damages through additional coverage such as MedPay or PIP policies. Certain states also use modified comparative negligence. These laws allow injured drivers to make use of their own insurance to pay for expenses even if they're partly responsible for the collision.

In the aftermath of an accident, it's normal to be shaken and to feel the need to blame another person. However, this could result in costly mistakes in the long run. A good lawyer can assist you in avoiding these traps and help you get the answers you require quickly and efficiently.

Damages

Damages are compensations that pay a victim for financial loss they suffered because of a negligent actions. The type of compensation offered can be used to pay for a variety of expenses, such as medical expenses as well as lost wages or income, and vehicle property damage. A lawyer for car accidents will look over invoices, receipts, and other financial documents to determine the amount of damages you're entitled to.

Non-economic damages are harder to quantify and typically comprise intangible losses such as pain and suffering. This kind of compensation is often subject to devaluation by insurance companies and it is essential that you consult a skilled lawyer to ensure that your damages are appropriately valued.

In New York, if you suffered serious injuries, or if the losses you suffered exceeded the policy limits the possibility exists for you to avoid the no-fault system and pursue for all of your economic and non-economic damages which includes suffering and pain. New York is a state which uses comparative negligence therefore your claim will be reduced by the proportion of blame you are assigned. A knowledgeable attorney will be able to maximize the amount you can claim.

Statute of limitations

In a car accident the statutes of limitation are the period of time you are allowed to sue for damages. This can vary from three years to five years, based on the type and state of the lawsuit.

Statutes of limitation are important because they guarantee that claims filed in court can be properly investigated prior to the deadline is up. After that it could be impossible to find witnesses. Physical artifacts such as tire marks and other debris could disappear or erode and public records could be misplaced.

As time passes, witnesses also tend to forget important information. It's unreasonable to expect that eyewitnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitations prohibits plaintiffs from bringing a lawsuit too soon after the incident, because it may unfairly prejudice the jury against them. This is why it's always important to speak with a New York car accident lawyer and begin the process as soon as possible.

Insurance

All drivers in New York are required by law to have car insurance. This type of insurance compensates the policyholder and their passengers' financial losses regardless of the cause. This type of insurance is also known as 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 pays victims who have been injured by uninsured, underinsured or hit-and-run drivers. UM/UIM is typically provided in the amount of $25,000 for a person and $50,000 per accident.

The policyholder is protected by 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 suffering and pain for injuries that are serious enough. The majority of third party claims, however they are settled by insurance companies. A skilled lawyer can assist you to recover the maximum amount of damages.

Contact an Attorney

Car accidents can be stressful and costly with everything from vehicle damage to medical bills to lost wages. A lawyer can help determine the person responsible for the accident and pursue compensation from the party responsible.

A lawyer can also make sure that your claim is inclusive of all of your expenses and losses. They will take into account your current and future financial burdens as well as your physical and mental distress. In addition, they'll take into consideration the impact your injuries have caused on your life quality.

In New York, if the negligent driver was not covered by insurance or had only the minimum amount required by law, you might be able to claim compensation under your own insurance policy's uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is essential to choose an experienced lawyer for auto accidents. Their experience and training put them in better position to secure you the money you need. The defendant's insurer will know that your attorney is willing to fight the case which usually results in a higher settlement offer.