New York Auto Accident Law

A lawyer for car accidents will be your advocate, ensuring your side of the story is presented. He or she will bargain with the insurance company and present your case before a judge and jury, if needed.

Certain states have an tort liability system while others have no-fault laws or auto insurance. Regardless, there are still strict time limitations, referred to as statutes of limitations which must be adhered to.

Fault

The determination of fault is a vital part of the legal and insurance claims process. In some cases, like rear-end collisions or similar situations, it might seem simple, but in other cases, Auto accident lawyer it's not. The determination of fault is based on state laws and the facts of each instance. Some states have absolute comparative fault. This means that your percentage of fault determines how much of your damages you can recover.

Even if you're determined to be more than 51% responsible and liable, Auto Accident Lawyer you could still have a the chance to recover some of your losses through additional coverage, such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to pay expenses, even if they are found partially at fault for the accident.

Following an accident, it's common to feel shaken and to feel the need to blame another person. However, doing so can cause costly mistakes in the end. A good lawyer will help you avoid these pitfalls and will provide the answers you require quickly and accurately.

Damages

Damages are payments made to compensate victims for financial losses they have suffered because of a negligent actions. This type of compensation may be used to cover a variety of losses, such as medical costs, lost wages or income and damage to property of vehicles. A lawyer for car accidents will examine invoices, receipts and other financial documents in order to calculate how much damages you're entitled to.

Non-economic damages are often difficult to quantify, and include intangible damages like pain and suffering. Insurance firms are known to devalue this type of compensation. It is important to speak with an experienced and knowledgeable attorney in tort law to ensure that your damages are fairly valued.

In New York, if you suffered serious injuries, or if your losses surpassed the policy limits the possibility exists for you to escape the no-fault system and pursue for all of your non-economic and economic damages, including suffering and pain. New York is a state which uses comparative negligence which means that your compensation will be reduced by the proportion of blame you're assigned. A competent lawyer will work hard to maximize the amount of damages.

Statute of Limitations

In the event of a car crash the statute of limitation is the amount of time you can seek damages. Typically, it is three years, but it can differ depending on the nature of lawsuit and state laws.

Statutes of limitations are important as they ensure that claims filed in court can be investigated properly before the deadline expires. After this time it could be impossible to find witnesses. Physical artifacts like tire marks and other debris could disappear or get eroded and public records could be misplaced.

As time passes, witnesses tend to forget important details. For instance it is not reasonable for eyewitnesses to be expected to recall specific details regarding an accident in a car that occurred 15 years ago. A statute of limitation prohibits plaintiffs from filing a lawsuit too late after the accident, since it could influence the jury. It is crucial to contact a New York auto accident lawyer as quickly as you can in order to begin the process.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance pays the policyholder's as well as their passengers' economic losses, regardless of the cause. This kind 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 provides the victim with compensation if they are 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 the pain and suffering of injuries that are severe enough. However, most third party claims are settled through insurance companies. A skilled lawyer can help you get the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly that range from car damages to medical bills to lost wages. An attorney can help determine who is responsible for the accident was and seek compensation from the responsible party.

A lawyer can also make sure that your claim includes the totality of your losses and expenses. They will consider your financial expenses as in addition to physical and emotional stress. They will also consider the impact of your injuries on your quality of life.

In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) in the event that the negligent driver was not insured or had the minimum amount of insurance required by law. An attorney can advise you of this possibility.

It is important to hire an experienced auto accident lawyer. Their training and experience put them in the best position to obtain you the compensation you deserve. The defendant's insurer will know that your lawyer is prepared to try the case, which usually results in an offer of a higher settlement.