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New York auto accident law firm Accident Law

A lawyer who handles car accidents is your advocate, making sure your side of the story is told. He or she will discuss your case with the insurance company and then present your case before a judge and jury if needed.

Some states adhere to a tort liability system that is traditional and some have no fault or add to the auto Accident Lawsuits insurance laws. But, there are strict time limits known as statutes of limitations that must be adhered to.

Fault

Determining who is at fault is an important part of the insurance and legal process of claiming. It may seem obvious in certain instances like rear-end collisions, but often it's not the case. The degree of fault is determined by state laws and the facts of each instance. Some states have pure comparative fault, where your percentage of the accident determines how much of your damages you are able to recover.

Even if you're determined to be more than 51% accountable and liable, you could still have a an opportunity to recover certain damages through additional insurance like MedPay or PIP policies. Some states also allow modified comparative negligence. These laws permit injured drivers to use their own insurance to cover expenses even if they're found partially at fault for the crash.

It's normal to be upset and try to blame someone else after an accident. However, doing this could result in costly mistakes in the long run. A skilled lawyer can help you avoid these traps and get the answers that you require quickly and accurately.

Damages

Damages are payments made to compensate a victim for the financial losses they experienced because of a negligent actions. This kind of compensation can be used to cover a variety of expenses, such as medical expenses, missed wages or income, and vehicular property damage. A lawyer for car auto accidents will scrutinize invoices, receipts, and other financial documents to determine the amount of damages you're entitled to.

Non-economic damages are often difficult to quantify and include intangible damages like pain and suffering. Insurance companies are known to undervalue this type of compensation. It is essential to speak with a seasoned tort attorney to make sure that your damages are fairly valued.

If you've suffered severe injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to avoid the no-fault law and sue for both economic and noneconomic injuries, including pain and. However, as New York is a comparative negligence state, your compensation will be reduced by the percentage of fault that is assigned to you. A competent attorney will do everything to maximize the amount you can recover.

Statute of limitations

In the event of a car accident, the statutes of limitations are the timeframes that you must sue to recover damages. This can vary from three years to five years, based on the nature and the state of the lawsuit.

Statutes of limitations are essential as they ensure that any claim filed in court is properly investigated before the deadline is up. After that time it could be difficult to locate witnesses. Physical artifacts like tire marks and other debris could disappear or get eroded, and public records might be misplaced.

Witnesses also tend to forget important details with the course of time. It's not realistic to believe that eyewitnesses can recall all the details of a car accident that occurred 15 years ago. A statute of limitations forbids plaintiffs from filing a lawsuit too quickly after the incident, since it could prejudice the jury against them. This is why it's always essential to speak with a New York car accident lawyer and start the process as soon as it is possible.

Insurance

All drivers in New York are required by law to carry insurance for their cars. This type of insurance is designed to reimburse the policyholder and their passengers for economic losses in an accident, regardless of who was the cause of the accident. 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 of insurance provides the victim with compensation if they are injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM is usually offered with the amount of $25,000 for a 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 make claims for pain and suffering if the injury was severe enough to warrant. However, most third-party claims are settled through insurance companies. A knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents are stressful and expensive. From vehicle injuries to medical costs to lost wages they can be costly. A lawyer can assist you determine who the primary cause of the accident was, and then seek compensation from the responsible party.

A lawyer can also make sure that your claim covers all of your expenses and losses. They will consider your future and present expenses, as well as emotional and physical suffering. They will also consider the effects of the injuries you sustained on your health.

In New York, auto accident lawsuits if the negligent driver did not have insurance or carried only the minimum amount required by law, you may be able recover the amount under your own insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney.

It is crucial to partner with a seasoned lawyer for your car accident. Their experience and training puts them in a stronger position to obtain the compensation you deserve. Your lawyer will inform the insurer of the defendant know that you're willing to accept the case. This often leads to an increase in the settlement amount.