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A car accident attorney is your advocate and will ensure that your side of the story gets heard. He or she will present your case to a judge or jury, if necessary and bargain with the insurance company.
Some states follow a traditional tort liability system while others do not have any fault or add to the auto accident attorney insurance laws. There are still strict time limitations known as statutes that must be adhered to.
Fault
Determining fault is an essential part of the legal and insurance claims process. It might appear obvious in some instances, such as rear-end collisions. However, often it's not. The state laws and facts of each case are used to determine the extent of fault. Certain states have pure comparative fault, in which your proportion of the cause determines the amount of damages you can recover.
Even if you're found be more than 51% accountable and liable, you could still have a the chance to recover some of your losses through supplemental coverage like MedPay or PIP policies. Additionally, certain states apply modified comparative fault. These laws allow injured motorists to utilize their own insurance coverage to cover costs, even if are found partially at fault for the crash.
After an accident, it's common to feel shaken and to want to point the finger at someone else. This can lead to costly mistakes and could result in negative consequences. A good lawyer can help you avoid these pitfalls and give you the answers you require quickly and with precision.
Damages
Damages are compensations that pay a victim for financial losses they experienced as a result of a third party's negligence actions. The type of compensation offered can pay for a variety losses, including medical costs in addition to lost wages or income, and vehicular property damage. A skilled car accident lawyer will scrutinize invoices, receipts and other financial documents to determine precisely the amount of damages you are owed.
Non-economic damages are harder to quantify, and often include intangible harms like pain and suffering. This kind of compensation is usually subject to devaluation by insurance providers and it is imperative that you consult a knowledgeable tort attorney 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 economic and non-economic damages as well as suffering and pain. However, as New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault that is assigned to you. A skilled lawyer will strive to maximize your recovery for damages.
Statute of Limitations
In the event of a car wreck the statutes of limitations are the time frames that you must sue to recover damages. It can range from three years to five depending on the nature and the state of the lawsuit.
Statutes of limitation are important because they ensure that any claims filed in court can be investigated properly before the deadline is up. After this time it could be too late for witnesses, physical evidences such as tire marks and debris may disappear or get eroded and public records may be misplaced.
Witnesses are also likely to forget key details over the passage of time. For instance, it would be unreasonable for eyewitnesses to be expected to recall the details of an accident in a car that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too late after the accident, as it could unfairly influence the jury. This is why it's always crucial to speak with a New York car accident lawyer and begin the process as soon as it is possible.
Insurance
New York law requires all drivers to carry insurance for their cars. This type of insurance is designed to reimburse the policy holder and their passengers for economic losses if they are involved in an accident, regardless of who was the cause of the accident. This type of insurance is 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 coverage compensates victims who have been injured by uninsured, underinsured or hit-and-run drivers. UM/UIM is usually offered with the minimum limit of $25,000 per person and $50,000 per accident.
Bodily Injury Liability protects the policyholder in the event that they are sued by a third party to recover damages, including medical bills or property damage. Third parties can also file claims for pain and suffering for injuries that are serious enough. However, most third-party claims are settled through insurance companies. Employing a competent lawyer to the table can ensure that you are able to recover the full amount of damages available to you.
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 assist you determine who's fault the incident was, and obtain compensation from the party responsible.
A lawyer can also make sure that your claim is inclusive of all of your losses and expenses. They will consider your future and present financial costs as well as emotional and physical distress. They will also take into account the effects of your injuries on your quality of life.
In New York, you may be eligible for compensation under your insurance's Uninsured Motorist coverage (UM) if the negligent driver was not insured or only had the minimum amount of insurance required by the law. This option is discussed with an attorney.
It is essential to choose an experienced auto accident lawyers accident lawyer. Their knowledge and training put them in a stronger position to secure the compensation you deserve. Your lawyer will let the insurer of the defendant know that you're willing to accept the case. This usually results in an increase in the settlement amount.
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