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A lawyer for car accidents will be your advocate, ensuring your side of the story is told. They will present your case to a judge or jury, if needed and negotiate with the insurance company.
Some states follow the tort liability system as it is in common practice and some have no fault or add to the auto accident lawsuits insurance laws. There are still strict time limitations known as statutes that must be adhered to.
Fault
Determining who is responsible is a critical part of the insurance as well as legal process of claiming. In certain instances, such as rear-end collisions, or other similar situations, it may seem obvious, but in many other instances, it's not. Fault is determined based on state laws and the facts of each case. Some states use pure comparative negligence. In this case, the percentage of fault you are responsible for in an accident determines what damages you can claim.
Even if the fault found to be greater than 51%, you could still recover some damage you've sustained through additional policies like MedPay and PIP. Additionally, certain states use modified comparative blame. These laws permit injured motorists to make use of their own insurance to cover the cost of their injuries even if they're partly accountable for the incident.
After an accident, it's natural to feel a bit shaken up and to feel the need to point the finger at someone else. However, this could backfire and lead to costly mistakes in the long run. A good lawyer can help you avoid these pitfalls and provide the answers you require quickly and precisely.
Damages
Damages are payments made to pay a victim for financial losses they suffered because of another's negligent actions. This type of compensation could pay for a variety losses, such as medical costs and lost wages, income, as well as vehicle property damage. A skilled attorney for car accidents will review receipts, invoices, and other financial records to accurately calculate the amount of special damages you're due.
Non-economic damages can be difficult to quantify, and include intangible damages like pain and suffering. This kind of compensation is typically subject to devaluation by insurance companies and it is critical to consult a reputable tort attorney to ensure that your damages are fairly valued.
If you have suffered serious injuries or if your losses exceed the limits of insurance coverage in New York, you may be able escape the no-fault law and sue for non-economic and economic damages, such as pain and suffering. However, because New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributed to you. A knowledgeable lawyer will strive to maximize your claim for damages.
Statute of Limitations
In a case involving a car crash, the statute of limitations is the time limit you can bring a lawsuit to recover damages. This can vary from three years to five depending on the nature and the state of the lawsuit.
Statutes of limitations are essential as they ensure that claims filed in court can be properly investigated prior to the deadline is up. After that time it could be impossible to locate witnesses. Physical artifacts like tire marks and other debris could disappear or erode and public records could be lost.
As the years pass, witnesses tend to forget important information. For example it would be untrue to expect witnesses to remember the details of the car crash that occurred 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too quickly after the incident, since it could disadvantage the jury. This is why it's essential to speak with a New York car accident lawyer and begin the process as soon as possible.
Insurance
All drivers in New York are required by law to carry car insurance. This type of insurance compensates the policyholder's as well as their passengers' financial losses regardless of the person's fault. This is 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 coverage provides compensation to victims injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM coverage is usually offered 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 claim pain and suffering for injuries that are severe enough. Third-party claims are, however, the majority they are settled by insurance companies. A knowledgeable lawyer can assist you get the maximum amount of damages.
Contact an Attorney
Car accidents can be stressful and costly with everything from vehicle damages to medical bills to lost wages. A lawyer can help determine whose fault the accident was, and seek compensation from the person responsible.
A lawyer can also ensure that your claim is inclusive of the totality of your losses and expenses. They will take into account your current and future financial expenses, as well as your physical and emotional distress. They will also consider the impact of your injuries on your life quality.
In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) if the negligent driver wasn't insured or had the minimum amount of insurance legally required. This option can be discussed with an attorney.
It is crucial to hire a professional lawyer for car accidents. Their training and experience put them in the best position to obtain you the compensation you deserve. Your attorney will let the insurer of the defendant know that you are willing to accept the case. This usually leads to an increase in the settlement amount.
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