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An attorney who handles car accidents is your advocate and will ensure that your part of the story is heard. He or she will present your case to a judge and jury, if needed and bargain with the insurance company.
Some states have a tort liability system, while others have no-fault or auto accident law firm insurance laws. However, there are strict time limits known as statutes or limitations that have to be adhered to.
Fault
Determining who is at fault is an essential part of the insurance and legal process of claiming. It might seem obvious in some cases like rear-end collisions, but usually it's not. The state laws and facts of each instance are used to determine the fault. Certain states have absolute comparative fault. This means that your percentage of the accident determines the amount of damages you are able to recover.
If you're found to be more than 51% responsible there's a an opportunity to recover some of your damages with supplemental coverage like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured motorists to make use of their own insurance to cover expenses even if they're deemed partially accountable for the incident.
It's normal for people to be upset and feel the need to blame someone else after an accident. This can lead to costly mistakes and have a negative effect. A competent lawyer can help you avoid these mistakes and get the answers that you require quickly and efficiently.
Damages
Damages are compensations that compensate victims for financial loss they suffered because of a negligent actions. This kind of compensation can cover a wide range of losses, like medical expenses and lost wages, income and damage to property of vehicles. A skilled attorney for car accidents will review invoices, receipts and other financial documents to calculate accurately the amount of special damages you are owed.
Non-economic damages can be difficult to quantify, and include intangible losses like pain and suffering. This type of compensation is frequently subject to devaluation by insurance companies and it is imperative that you consult a knowledgeable attorney in torts to ensure that your damages are properly valued.
In New York, if you suffered serious injuries, or if your losses exceeded the limits of your insurance policy it is possible to avoid the no-fault system and sue for all of your economic and auto accident lawsuits non-economic damages including suffering and pain. However, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributed to you. A knowledgeable attorney will work hard to maximize the damages you are entitled to.
Statute of Limitations
In the event of a car wreck the statutes of limitations are the timeframes you have to sue for damages. This can vary from three years to five years, based on the nature and condition of the lawsuit.
Statutes of limitation are important because they ensure that claims brought in court will be investigated properly before the deadline runs out. After this time it could be too late for witnesses, physical artifacts like debris and tire marks can disappear or be eroded, and public records could be lost.
As the years pass, witnesses tend to forget important information. For instance it is not reasonable to expect witnesses to remember specific details regarding the car crash that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from filing legal action too soon after an incident as it would unfairly prejudice the jury against them. This is why it's always important to consult with a New York car accident lawyer and begin the process as soon as you can.
Insurance
New York law requires all drivers to carry insurance for their cars. This type of insurance compensates the policyholder's and their passengers' economic losses regardless of 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 insurance pays victims injured by uninsured, insufficiently insured, or hit-and-run drivers. UM/UIM coverage is typically offered with a minimum amount of $25,000 per person or $50,000 per accident.
Bodily Injury Liability covers the policyholder in case they are sued by a third party for damages, including medical bills or property damage. Third parties may also be able to claim the pain and suffering of injuries that are severe enough. However, most third-party claims are resolved through insurance companies. A competent lawyer can help you get the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and costly in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can help determine whose fault the accident was and auto accident lawsuits seek compensation from the party responsible.
A lawyer will also ensure that your claim covers all of your losses and expenses. They will assess your current and future financial expenses, as well as your emotional and physical distress. In addition, they will take into account the impact your injuries have had on your quality of life.
In New York, if the negligent driver didn't have insurance or only the minimum amount required by law, you could 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 important to hire an experienced attorney for auto accident law firms accidents. Their training and expertise puts them in a better position to secure the compensation you deserve. The insurer of the defendant will recognize that your attorney is willing to take on the case, which is often the reason for an increase in settlement offers.
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