New York auto accident law firm - explanation - Accident Law

A lawyer who handles car accidents is your advocate, making sure your side of the story is heard. He or she will argue your case to a judge or jury, if necessary and bargain with the insurance company.

Certain states have a traditional tort liability system and others have no fault or add on auto insurance laws. There are still strict time limitations known as statutes which must be followed.

Fault

Determining fault is an essential aspect of the legal and insurance claims process. In some cases, like rear-end collisions or other similar circumstances, 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 use pure comparative negligence, in which the percentage of fault you have in an accident determines what damages you are able to claim.

Even if you're found to be more than 51% responsible and liable, you could still have a an opportunity to recover some of your damages with additional insurance like MedPay or PIP policies. In addition, some states use modified comparative blame. These laws allow injured drivers to make use of their own insurance to cover their expenses even if they're partly at fault for the crash.

It's normal to feel upset and try to blame someone else for an accident. However, doing this could result in costly errors in the future. A competent lawyer will assist you in avoiding these traps and will provide the information you require quickly and with precision.

Damages

Damages are compensations that compensate a victim for the financial losses they suffered due to another party's negligent actions. This type of compensation can be used to pay for a variety of losses, including medical costs, missed wages or income, and even vehicle property damage. A car accident lawyer will review invoices, receipts and other financial documents to accurately determine the amount of special damages you're owed.

Non-economic damages are often difficult to quantify and may include intangible damage such as pain and suffering. Insurance companies are known for devaluing this kind of compensation. It is imperative to consult an experienced lawyer in torts to ensure that your damages have been fairly valued.

In New York, if you suffered serious injuries or if the losses you suffered exceeded the policy limits the possibility exists for you to avoid the no-fault system, Auto Accident Law Firm and sue for all your non-economic and economic damages as well as pain and suffering. New York is a state that relies on comparative negligence so your claim will be reduced based on the percentage of blame you are 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 statutes for limitation are the period of time you can sue for damages. Typically, it is three years but can differ depending on the nature of lawsuit and the state's laws.

Statutes of limitations are important because they ensure that claims filed in court can be properly investigated prior to the deadline elapses. After this time, it may be too late to identify witnesses, physical artifacts like tires marks and debris can disappear or become eroded, and public records can be lost.

As the years pass, witnesses tend to forget important information. It's unreasonable to assume that witnesses could recall all the details of a car crash that took place 15 years ago. A statute of limitations also restricts plaintiffs from taking legal action too early after an incident as it could unfairly prejudice the jury against them. It is essential to contact an New York auto accident lawyer as soon as you can and start the process.

Insurance

All drivers in New York are required by law to have car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for their economic losses if they are involved in an accident regardless of who was responsible for the fault. This kind of insurance is also 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 pays victims injured by uninsured, underinsured or hit-and-run drivers. UM/UIM coverage is typically offered with a minimum limit of $25,000 per person or $50,000 per accident.

The policyholder is protected under Bodily Injury liability if an outside party sues them for damages, including 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, however they are resolved by insurance companies. A skilled lawyer to the table can ensure that you recover the maximum amount of damages available to you.

Contact an Attorney

Car accidents can be stressful and expensive. From vehicle damage to medical costs to lost wages They can be costly. A lawyer can assist in determining who was responsible for the accident and seek compensation from the party responsible.

A lawyer can also make sure that your claim will cover the totality of your losses and expenses. They will take into account your current and potential financial costs and the physical and emotional stress you are experiencing. They will also consider the effects of the injuries you sustained on your health.

In New York, if the negligent driver did not have insurance or had only the minimum amount required by law, you could be able to collect under your policy's uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is crucial to find an experienced attorney for auto accidents. Their education and experience puts them in a better position to negotiate for the settlement you're entitled to. Your attorney will let defendant's insurance company know that you are willing to take on the case. This usually results in an increase in the settlement offer.