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New York Auto accident Law firm Accident Law

A lawyer for car accidents will be your advocate, making sure your side of the story is heard. He or she will present your case to a judge or jury, if necessary and negotiate with the insurance company.

Some states follow a tort liability system that is traditional and others have no fault or add to the auto accidents insurance laws. In any case, there are strict time limitations, referred to as statutes of limitations that have to be adhered to.

Fault

Determining who is responsible is a crucial part of the insurance and legal claims process. It may seem obvious in certain instances, such as rear-end collisions, but usually it is not the case. The state laws and the facts of each case are used to determine the fault. Some states apply pure comparative negligence, in which the percentage of fault you bear in an accident determines the damages you are entitled to claim.

Even if your culpability is found to be greater than 51%, you might still be able to recover some injuries you've suffered as a result of supplemental policies like MedPay and PIP. Certain states also have modified comparative negligence. These laws allow injured motorists to make use of their own insurance coverage to cover expenses, even if are found partially at fault for the accident.

Following an accident, it's natural to be shaken and want to point the finger at the other person. This can result in costly mistakes and result in negative consequences. A competent lawyer will help you avoid these mistakes, and provide you with the answers you need quickly and accurately.

Damages

Damages are payments made to pay a victim for financial losses they have suffered because of another's negligent actions. This type of compensation can be used to pay for a variety of expenses, such as medical expenses as well as lost wages or income, as well as vehicle property damage. A car accident lawyer will look over invoices, receipts, and other financial documents to accurately determine the amount of damages you're due.

Non-economic damages are more difficult to quantify and usually include intangible harms like pain and suffering. This type of compensation is typically subject to devaluation by insurance providers and it is essential that you consult a skilled tort lawyer to ensure your damages are properly valued.

In New York, if you suffered serious injuries or if your losses were greater than the limits of your insurance policy you may be able to escape the no-fault system, and sue for all 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 according to the percentage of blame you are assigned. A knowledgeable lawyer will do everything to maximize your claim for damages.

Statute of limitations

In the event of a car crash the statute of limitation is the period in which you are required to bring a lawsuit to recover damages. This can vary from three to five years based on the nature and condition of the lawsuit.

Statutes of limitations are essential because they ensure that any claims brought in court will be properly investigated prior to the deadline runs out. After this time it could be too late to find witnesses, physical evidence such as debris and tire marks can disappear or become eroded, and public records can be lost.

As time passes, witnesses also tend to forget important details. For example it is not reasonable to expect witnesses to remember specific details regarding an automobile accident that happened 15 years ago. A statute of limitations also stops plaintiffs from seeking legal action too quickly after an incident because it could prejudice the jury against them. This is why it's important to consult with a New York car accident lawyer and begin the process as soon as possible.

Insurance

New York law requires all drivers to have car insurance. This type insurance covers the policyholder's and passengers' economic losses regardless of 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 compensation to victims injured by an uninsured or underinsured 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 in the event that they are sued by a third-party for damages, like medical bills or property damage. Third parties may also be able to claim suffering and pain for injuries that are serious enough. However, most third party claims are resolved through insurance companies. A competent lawyer can help you to recover the maximum amount of damages.

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 whose fault the accident was, and obtain compensation from the person responsible.

A lawyer can also guarantee that your claim covers all of your losses and expenses. They will consider your costs of living as well as emotional and physical suffering. They will also consider 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 law. This option is discussed with an attorney.

It is essential to hire a professional lawyer for car accidents. Their education and experience puts them in an ideal position to get you the amount you're entitled to. The insurer of the defendant will recognize that your lawyer is willing to try the case, which is often the reason for an offer of a higher settlement.