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New York auto accident attorney Accident Law

A car accident attorney is your advocate and will ensure that your side of the story gets told. The lawyer will present your case to a judge or jury, if necessary, and bargain with the insurance company.

Certain states have a traditional tort liability system and others have no fault or add to the auto accidents insurance laws. Regardless, there are still strict time limits, commonly referred to as statutes of limitation that must be followed.

Fault

Determining who is responsible is an important aspect of the insurance and legal process of claiming. It may appear obvious in certain cases such as rear-end collisions, but usually it's not. The state laws and the facts of each case are used to determine the fault. Some states have pure comparative fault, where your percentage of the accident determines how much of your damages you are able to recover.

If you're found to be more than 51% accountable however, you might still have the possibility of recovering certain damages through additional insurance like MedPay or PIP policies. Some states also apply modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to pay expenses, even if are found to be partially responsible for the accident.

After an accident, it's common to feel shaken and to want to point the finger at another person. But, this can result in costly errors in the future. A good lawyer will assist you in avoiding these traps and provide the information you need quickly and efficiently.

Damages

Damages are monetary compensations that compensate victims for financial losses caused by the negligence of another party. This type of compensation can be used to pay for a variety of losses, including medical costs and lost wages, income, as well as vehicle property damage. A lawyer for car accidents will review invoices, receipts, and other financial documents to accurately determine the amount of damages you're entitled to.

Non-economic damages can be difficult to quantify and include intangible losses like pain and suffering. Insurance companies are known to devalue this kind of compensation. It is essential to consult a skilled tort lawyer to ensure that your damages have been appropriately valued.

In New York, if you suffered serious injuries, or if the losses you suffered exceeded the limits of your insurance policy the possibility exists for you to evade the no-fault system and pursue for all of your non-economic and economic damages, including pain and suffering. However, since New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributable to you. A skilled lawyer will be able to maximize the amount of damages.

Statute of Limitations

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

Statutes of limitations are important because they ensure that claims in court can be properly investigated before the deadline runs out. After this period, it may be too late to identify witnesses, physical evidence such as tire marks and debris may disappear or be eroded, and public records may be lost.

Witnesses are also likely to forget crucial details with the course of time. It would be unreasonable to expect that eyewitnesses could recall all the details of a crash that occurred 15 years ago. A statute of limitations also restricts plaintiffs from bringing legal action too soon after an incident, as it could unfairly prejudice the jury against them. It is important to speak with an New York auto accident lawyer as quickly as you can in order to start the process.

Insurance

All drivers in New York are required by law to have car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for economic losses in the event of an accident regardless of who was the cause of the accident. 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 injured by uninsured, overinsured, or hit-and-run drivers. UM/UIM coverage is typically offered with a minimum of $25,000 per person or $50,000 per accident.

Bodily Injury Liability covers the policyholder if they are sued by a third party to recover damages, such as medical bills or property damage. Third parties may also make a claim for suffering and pain if the injury was severe enough to warrant it. The majority of third-party claims, however are resolved by insurance companies. A skilled lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents are stressful and expensive. From vehicle damage to medical costs to lost wages They can be costly. A lawyer can help determine whose fault the accident was and seek compensation from the responsible party.

A lawyer will also ensure that your claim is inclusive of all your expenses and losses. They will consider your costs of living as also physical and emotional stress. In addition, they'll take into consideration the impact that your injuries have had on your quality of life.

In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) if the negligent driver was not insured or had the minimum amount of insurance required by the law. An attorney can advise you of this option.

It is crucial to find an experienced auto accident lawyer. Their education and experience puts them in a better position to get you the money you need. The insurance company of the defendant will be aware that your lawyer is willing to try the case, which is often the reason for an increase in settlement offers.