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An attorney who handles car accidents is your advocate and will make sure that your account of the incident is told. He or she will bargain with the insurance company and then present your case front of a judge and jury, if required.
Some states have a tort liability system while others have no-fault laws or auto accident attorneys insurance. There are still time limits known as statutes which must be followed.
Fault
Determining fault is a crucial element of the legal and insurance claims process. It might seem obvious in some cases like rear-end collisions, but often it is not the case. The degree of fault is determined by state laws and the specific facts of each incident. Some states have pure comparative fault, where your percentage of the accident determines the amount of damages you can recover.
Even if your fault is found to be greater than 51%, you can still collect some of the damage you've sustained through additional policies such as MedPay and PIP. 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 partially at fault for the incident.
Following an accident, it's common to feel shaken and to feel the need to point the finger at another person. However, doing so can result in costly errors in the future. A good lawyer can help you avoid these mistakes and provide the information you require quickly and accurately.
Damages
Damages are the amount paid to compensate a victim for the financial losses they experienced because of a negligent actions. The type of compensation offered can be used to pay for a variety of losses, including medical costs and lost wages, income, and 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 due.
Non-economic damages are often difficult to quantify and can include intangible damages such as pain and suffering. This kind of compensation is typically subject to devaluation by insurance companies and it is essential to consult a reputable tort attorney to ensure that your damages are properly valued.
In New York, if you suffered serious injuries or if the losses you suffered exceeded the limits of your insurance policy it is possible to escape the no-fault system and sue for all of your economic and non-economic damages, including pain and suffering. New York is a state which uses comparative negligence so your claim will be reduced by the proportion of blame you're given. A competent lawyer will strive to maximize your compensation for damages.
Statute of limitations
In the event of a car accident the statutes of limitation are the period of time you are allowed to sue for damages. Typically, this is three years, but may differ depending on the nature of lawsuit and the state's laws.
Statutes of limitation are important, as they ensure that any claim filed in court is properly investigated before the deadline runs out. After that time, it may be too late for witnesses, physical evidence such as tire marks and debris may disappear or get eroded and public records can be misplaced.
Witnesses are also likely to forget crucial details with the passage of time. It would be unreasonable to believe that eyewitnesses can recall all the details of a car crash that took place 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too late after the accident, because it may unfairly bias the jury against them. It is important to speak with a New York auto accident lawyer as soon as possible and start the process.
Insurance
All drivers in New York are required by law to have car insurance. This type of insurance covers the policyholder's as well as their passengers' economic losses, regardless of fault. This kind 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 insurance policy provides compensation to victims injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM coverage is typically provided with a minimum limit of $25,000 per person or $50,000 per accident.
Bodily Injury Liability protects the policyholder in the event that they are sued by a third party for damages, such as medical bills or property damage. Third parties can also file claims for pain and suffering when the injury is severe enough to warrant it. However, the majority of third party claims are settled through insurance companies. Bringing a skilled lawyer on board can help to ensure that you recover the full amount of damages that are available to you.
Contact an Attorney
Car accidents can be stressful and expensive, from vehicle damages to medical bills to lost wages. A lawyer can help determine who's fault the incident was, and obtain compensation from the person responsible.
A lawyer can also make sure that your claim is inclusive of the totality of your losses and expenses. They will consider your current and future financial expenses, as well as your physical and mental distress. They will also consider the impact of your injuries on your quality-of-life.
In New York, if the negligent driver was not covered by insurance or auto accident lawyer carried only the minimum amount required by law, you could be able to claim compensation under your own policy's uninsured motorist coverage (UM). This option is discussed with an attorney.
It is essential to choose an experienced auto accident lawyer. Their experience and training puts them in a better position to get you what you deserve. Your lawyer will inform the defendant's insurance company know that you are willing to accept the case. This can lead to an increase in the settlement offer.
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