New York Auto Accident Law
A car accident lawyer is your advocate, ensuring your side of the story is told. He or she will present your case to a judge and jury, if necessary, and negotiate with the insurance company.
Some states adhere to the tort liability system as it is in common practice and
auto accident lawyer some have no fault or add to the auto insurance laws. There are time limitations that are strictly enforced known as statutes that must be adhered to.
Fault
Determining who is at fault is a crucial part of the insurance as well as legal claims process. In certain cases, such as rear-end collisions, or other similar situations, it may appear simple, but in others, it is not. The degree of fault is determined by state laws and the specific facts of each instance. Certain states employ pure comparative negligence, where the percentage of blame you owe in an accident determines what damages you are entitled to claim.
Even if your fault is determined to be higher than 51%, you can still claim some damages you have suffered with supplemental policies like MedPay and PIP. Certain states also use modified comparative negligence. These laws allow injured drivers to use their own insurance to cover expenses even if they're found partially at fault for the crash.
In the aftermath of an accident, it's natural to be shaken up and want to blame someone else. However, doing this could backfire and lead to costly mistakes in the end. A good lawyer can assist you in avoiding these traps, and provide you with the information you require quickly and accurately.
Damages
Damages are compensations that help a victim to make up for the financial losses they experienced because of another's negligent actions. The type of compensation offered can cover a wide range of losses, including medical costs, lost wages or income and property damage to vehicles. A skilled lawyer for car accidents will review invoices, receipts, and other financial documentation to determine the exact amount of damages you're due.
Non-economic damages are often difficult to quantify and include intangible losses like pain and suffering. This type of compensation is often subject to devaluation by insurance companies and it is critical to consult a reputable attorney in torts to ensure that your damages are fairly valued.
If you've suffered severe injuries or losses exceed the limits of insurance coverage in New York, you may be able to avoid the no-fault laws and sue for non-economic and financial damages, including pain and suffering. However, since New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. A knowledgeable lawyer will be able to maximize the amount of damages.
Statute of Limitations
In the event of a car wreck the statutes of limitations are the timeframes you are allowed to sue for damages. Typically, it is three years, but it can vary depending on the type of lawsuit and the laws of the state.
Statutes of limitations are crucial because they ensure that claims filed in court can be properly investigated prior to the deadline is up. After this period, it may be too late to identify witnesses, physical evidence like debris and tire marks can disappear or become eroded, and public records may be lost.
Witnesses are also likely to forget important details with the passage of time. For example it would be untrue to expect eyewitnesses to recall the details of an accident in a car that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from seeking legal action too quickly after an incident as it will unfairly prejudice a jury against them. It's important to contact an New York
auto accident lawyer as soon as you can and start the process.
Insurance
New York law requires all drivers to have insurance on their vehicles. This type of insurance is designed to pay the policy holder and their passengers for economic losses if they are involved in an accident, regardless of who was responsible for the fault. This type of insurance is 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 an amount of compensation for victims injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident.
Bodily Injury Liability protects the policyholder if they're sued by a third party for damages, including medical bills or property damage. Third parties may also be able to claim injury and pain that are severe enough. However, the majority of third-party claims are settled through insurance companies. A skilled lawyer to the table can ensure that you are able to recover the entire amount of damages available to you.
Contact an Attorney
Car accidents can be stressful and expensive. From car damage to medical bills to lost wages They can be costly. A lawyer can help you determine who the primary cause of the accident was, and obtain compensation from the responsible party.
A lawyer can also make sure that your claim is inclusive of all of your expenses and losses. They will take into account your current and future financial costs as in addition to physical and emotional suffering. They will also consider the effects of your injuries on your quality of life.
In New York, if the negligent driver did not have insurance or had only the minimum amount required by law, you may be able to recover under your insurance policy's uninsured motorist coverage (UM). This option can be discussed with an attorney.
It is crucial to find an experienced
auto accident lawsuit accident lawyer. Their knowledge and training put them in a better position to secure the compensation you're entitled to. The defendant's insurer will know that your lawyer is prepared to try the case, which is often the reason for an increase in settlement offers.