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New York Auto Accident Law

A lawyer who handles car accidents is your advocate, ensuring your side of the story is presented. They will negotiate with the insurance company and then present your case the presence of a judge or jury if needed.

Some states follow an old tort liability system while others do not have any fault or add to the auto accident lawsuit insurance laws. Regardless, there are still strict time limits, commonly referred to as statutes of limitation that have to be adhered to.

Fault

Determining fault is an essential element of the legal insurance claims process. In certain cases, such as rear-end collisions and other similar situations, it may seem obvious, but in many others, it is not. The state laws and facts of each case are used to determine the extent of fault. Some states have pure comparative fault. In this case, your percentage of fault determines the amount of damages you are able to recover.

Even if you're determined to be more than 51% accountable however, you might still have a chance to collect certain damages through additional insurance like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured motorists to make use of their own insurance coverage to pay costs, even if they are found to be partially responsible for the accident.

In the aftermath of an accident, it's natural to feel shaken and want to blame someone else. This can lead to costly errors and cause a negative impact. A good lawyer will help you avoid these mistakes and will provide the answers you need quickly and accurately.

Damages

Damages are payments made to compensate a victim for the financial loss they suffered due to another party's negligent actions. This type of compensation could cover a variety of expenses, such as medical expenses and lost wages, income, and even vehicle property damage. A skilled lawyer for car accidents will look over invoices, receipts and other financial records to determine precisely the amount of damages you're owed.

Non-economic damages are harder to quantify and often include intangible harms such as pain and suffering. Insurance firms are known to devalue this kind of compensation. It is imperative to consult a skilled tort attorney to make sure that your damages are fairly valued.

In New York, if you suffered serious injuries, or if your losses exceeded the policy limits the possibility exists for you to avoid the no-fault system, and sue for all of your non-economic and economic damages, including suffering and pain. New York is a state which uses comparative negligence so your claim will be reduced by the proportion of blame you're assigned. A knowledgeable lawyer will be able to maximize the amount of damages.

Statute of Limitations

In the event of a car crash the statute of limitations is the time limit you must sue to recover damages. Typically, this is three years, but may vary depending on the type of lawsuit and the state's laws.

Statutes of limitations are crucial as they ensure that any claim made in court is properly investigated before the deadline expires. After that time it could be impossible to locate witnesses. Physical artifacts, firms such as debris and tire marks could disappear or get eroded and public records could be lost.

As the years pass, witnesses tend to forget important details. It's not realistic to expect that eyewitnesses could recall all the details of a car crash that occurred 15 years ago. A statute of limitations also stops plaintiffs from filing legal action too soon after an incident, as it would unfairly prejudice the jury against them. It is essential to contact an New York auto accident law firm accident lawyer as soon as possible and start the process.

Insurance

New York law requires all drivers to have car insurance. This type insurance covers the policyholder's as well as their passengers' financial losses, regardless of the person's fault. This is referred to 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 insurance covers victims injured by uninsured, overinsured, or hit-and-run motorists. UM/UIM is typically provided in the amount of $25,000 for a person and $50,000 per accident.

Bodily Injury Liability covers the policyholder if they're sued by a third party to recover damages, such as medical bills or property damage. Third parties can also file a claim for pain and suffering if the injury was severe enough to warrant it. The majority of third-party claims, firms however are resolved by insurance companies. A skilled lawyer can assist you to recover the maximum amount of damages.

Contact an Attorney

Car accidents are stressful and expensive. From car damage to medical bills to lost wages They can be costly. A lawyer can help determine whose fault the accident was, and then seek compensation from the responsible party.

A lawyer can also ensure that your claim covers all of your expenses and losses. They will assess your current and future financial expenses and your emotional and physical distress. They will also consider the effects of your injuries on your life quality.

In New York, you may be eligible for compensation under your insurance's Uninsured Motorist coverage (UM) when the negligent driver wasn't insured or had the minimum amount of insurance that is required by law. An attorney can advise you of this option.

It is essential to choose a seasoned lawyer for your car accident. Their knowledge and training puts them in the best position to obtain you the money you need. Your attorney will let defendant's insurance company know that you are willing to accept the case. This usually leads to an increase in the settlement offer.