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New York auto accident attorney Accident Law

A car accident attorney is your advocate and will make sure that your side of the story is heard. He or she will present your case to a judge or jury, if necessary, and bargain with the insurance company.

Some states follow an old tort liability system while others do not have any fault or add to the auto Accident Law Firm insurance laws. However, there are strict time limitations, referred to as statutes of limitations that must be observed.

Fault

The process of determining fault is an essential part of the legal and insurance claims process. In certain cases, such as rear-end collisions or similar situations, it could appear evident, but in others, it is not. The determination of fault is based on state laws and the specific facts of each case. Some states have absolute comparative fault. This means that your percentage of fault determines the amount of damage you can claim.

If you're found to be more than 51% responsible, you may still have the possibility of recovering certain damages through supplemental coverage like MedPay or PIP policies. Additionally, certain states apply modified comparative fault. These laws allow injured drivers to use their own insurance to cover expenses even if they're deemed partially at fault for the crash.

In the aftermath of an accident, it's natural to feel shaken and to want to blame another person. This can lead to costly mistakes and have a negative effect. A good lawyer can help you avoid these pitfalls and get the answers you require quickly and accurately.

Damages

Damages are compensations that compensate victims for financial losses they have suffered as a result of a third party's negligence actions. The type of compensation offered can be used to cover a variety of losses, like medical costs, lost wages or income as well as damage to the vehicle. A competent lawyer for car accidents will look over receipts, invoices, and other financial documents to accurately calculate the amount of damages you're owed.

Non-economic damages can be difficult to quantify, and may include intangible damage such as pain and suffering. This kind of compensation is usually subject to devaluation by insurance providers and it is critical that you consult a knowledgeable tort attorney to ensure that your damages are valued fairly.

If you've suffered serious injuries or losses exceed the policy limits in New York, you may be able to escape the no-fault law and sue for non-economic and economic damages including pain and suffering. New York is a state that relies on comparative negligence therefore your claim will be reduced depending on the percentage of blame you're assigned. A competent attorney will do everything to maximize the damages you can claim.

Statute of Limitations

In a car accident, the statutes of limitations are the period of time you can sue for damages. Typically, this is three years, but may vary depending on the type of lawsuit and state laws.

Statutes of limitation are vital because they ensure that any claim filed in court is properly investigated before the deadline runs out. After that time it could be too late to find witnesses, physical evidence such as the marks of tires and debris could disappear or become eroded, and public records can be misplaced.

As time passes, witnesses tend to forget important information. For instance it's not realistic to expect eyewitnesses to recall the details of an automobile accident that happened 15 years ago. A statute of limitations also prevents plaintiffs from filing legal action too soon after an incident because it will unfairly prejudice a jury against them. It's important to contact a New York auto accident lawyer as soon as possible and begin the process.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for their economic losses in an accident, regardless of who was responsible for the fault. This type of insurance is also 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 coverage provides an amount of compensation for victims injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM coverage is typically provided with a minimum amount of $25,000 per person or $50,000 per accident.

Bodily Injury Liability covers the policyholder if they're sued by a third-party for damages, like medical bills or property damage. Third parties can also bring claims for suffering and pain if the injury was severe enough to warrant. The majority of third-party claims, however are resolved by insurance companies. A skilled lawyer to the table can ensure that you get the full amount of damages that are available to you.

Contact an attorney

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

A lawyer can also ensure that your claim covers the totality of your losses and expenses. They will assess your current and future financial burdens, as well as your physical and emotional distress. They will also consider the impact of the injuries you sustained on your health.

In New York, you may be able to claim compensation under your policy's Uninsured Driver coverage (UM) when the negligent driver wasn't insured or had the minimum amount of insurance required by law. This option can be discussed with an attorney.

It is important to hire an experienced and knowledgeable auto accident lawyer. Their experience and training puts them in a stronger position to get you what you deserve. Your lawyer will let the defendant's insurance company know that you are willing to take on the case. This usually leads to an increase in the settlement offer.