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New York Auto Accident Law

A car accident lawyer is your advocate, ensuring your side of the story is heard. They will present your case to a judge or jury, if needed and bargain with the insurance company.

Certain states have the tort liability system, while others have no-fault laws or auto insurance. There are still time limits known as statutes that must be adhered to.

Fault

Determining fault is an essential part of the legal and insurance claims process. It may appear obvious in some instances such as rear-end collisions, but usually it's not. Fault is determined based on state laws and the facts of each case. Some states use pure comparative negligence, in which the percentage of fault you bear in an accident determines the damages you can claim.

If you're found to be more than 51% accountable there's a the possibility of recovering some of your losses through additional coverage such as 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 expenses, even if they are found partially at fault for the crash.

In the aftermath of an accident, it's normal to feel shaken and want to point the finger at another person. However, doing so can cause costly mistakes in the long run. A skilled lawyer can help you avoid these pitfalls and get the answers you require quickly and efficiently.

Damages

Damages are monetary payments that compensate a victim for the financial losses they suffered as a result of a third party's negligence actions. This type of compensation could cover a variety of damages, including medical expenses and lost wages, income, and even vehicle property damage. A car accident lawyer will review receipts, invoices and other financial documents to accurately calculate how much damages you're due.

Non-economic damages are often difficult to quantify and include intangible damages like pain and suffering. This kind of compensation is usually subject to devaluation by insurance providers and it is critical that you consult a skilled tort attorney to ensure that your damages are appropriately valued.

In New York, if you suffered serious injuries or if the losses you suffered exceeded the limits of your insurance policy the possibility exists for you to get out of the no-fault system and sue for all your economic and non-economic damages which includes suffering and pain. New York is a state that has a system of comparative negligence, so your recovery will be reduced by the proportion of blame you're assigned. A competent attorney will be able to maximize the amount you are entitled to.

Statute of limitations

In the event of a car crash, the statute of limitations is the time limit you must sue to recover damages. This can vary from three years to five depending on the type and state of the lawsuit.

Statutes of limitations are crucial, as they ensure that any claim made in court is properly investigated before the deadline expires. After this time it could be too late for witnesses, physical artifacts like tires marks and debris can disappear or become eroded, and public records could be misplaced.

As time passes, witnesses tend to forget important information. It would be unreasonable to believe that eyewitnesses can recall all the details of a accident that occurred 15 years ago. A statute of limitations prevents plaintiffs from bringing a suit too soon after the incident, since it could bias the jury against them. It is important to speak with an New York auto accident law firms accident lawyer as soon as possible and start the process.

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 policy holder and their passengers for their economic losses in an accident, regardless of who was at fault. This type of insurance is also 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 insurance offers the victim with compensation if they are injured by an uninsured or underinsured motorist or in a hit and run accident. UM/UIM is typically offered in the amount of $25,000 for a person and $50,000 per accident.

The policyholder is protected under Bodily Injury liability when the third party sues them for damages, such as medical bills and property damage. Third parties may also make a claim for suffering and pain if the injury was severe enough to warrant it. However, the majority of third party claims are resolved through insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you recover the entire amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and expensive. From car injuries to medical costs to lost wages they can be costly. A lawyer can help identify the person responsible for the accident and pursue compensation from the responsible party.

A lawyer can also guarantee that your claim is inclusive of all your expenses and losses. They will assess your current and potential financial costs as well as your physical and emotional distress. Additionally, they will take into account the impact that your injuries have affected your life quality.

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

It is important to work with an experienced auto accident lawyer. Their education and experience puts them in a stronger position to obtain the compensation you deserve. The insurance company of the defendant will be aware that your lawyer is prepared to pursue the case, which is often the reason for a higher settlement offer.