New York Auto Accident Law

A car accident attorney is your advocate and will make sure that your account of the incident is heard. He or she will discuss your case with the insurance company and argue your case before a judge and jury, if required.

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

Fault

The determination of fault is a vital element of the legal insurance claims process. It might appear obvious in certain cases such as rear-end collisions. However, often it's not the case. The determination of fault is based upon state laws and the specific facts of each case. Some states have pure comparative fault, in which your proportion of the fault determines the amount of damage you can claim.

If you're found to be more than 51% responsible however, you might still have an opportunity to recover certain damages through additional coverage such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured drivers to use their own insurance to pay for expenses even if they're partially at fault for the crash.

It's normal for people to be upset and try to blame someone else following an accident. However, doing so can backfire and lead to costly mistakes in the end. A good lawyer can help you avoid these mistakes and provide the information you require quickly and efficiently.

Damages

Damages are compensations offered to compensate victims for financial losses incurred due to the negligence of another person. This type of compensation may cover a wide range of losses, such as medical expenses and lost wages, income as well as damage to the vehicle. A skilled attorney for car accidents will examine invoices, receipts, and other financial records to determine precisely the amount of special damages you are owed.

Non-economic damages are harder to quantify and usually include intangible harms such as pain and suffering. Insurance companies are known to devalue this kind of compensation. It is essential to speak with an experienced and knowledgeable attorney in tort law to ensure that your damages have been appropriately assessed.

If you have suffered serious injuries or 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 damages, including pain and suffering. New York is a state that uses comparative negligence, so your recovery will be reduced by the proportion of blame you're given. A competent attorney will do everything to maximize the damages you are entitled to.

Statute of limitations

In the event of a car crash the statute of limitations is the time limit you can bring a lawsuit to recover damages. Typically, this is three years, but it can vary depending on the type of lawsuit and the laws of the state.

Statutes of limitations are essential as they ensure that claims brought in court will be properly investigated prior auto accident to the deadline expires. After that time it might be difficult to find witnesses. Physical artifacts such as tires and debris may disappear or become eroded, and public records might be misplaced.

Witnesses also tend to forget important details with the passage of time. For instance it's not realistic to expect witnesses to remember detailed information about an automobile accident that happened 15 years ago. A statute of limitations forbids 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 lawsuit accident lawyer as soon as you can and begin 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 pay the policy holder and their passengers for their economic losses if they are involved in an accident regardless of who was at 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 of insurance pays victims who are injured due to uninsured, underinsured, or hit-and-run motorists. 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 case they are sued by a third party for damages, such as medical bills or property damage. Third parties may also make a claim for pain and suffering if the injury was severe enough to warrant it. However, most third-party claims are resolved through insurance companies. A knowledgeable lawyer can assist you to recover the maximum amount of damages.

Contact an attorney

Car accidents are stressful and costly. From car damage to medical costs to lost wages, they can be costly. A lawyer can help determine who is responsible for the accident and seek compensation from the responsible party.

A lawyer can also ensure that your claim covers all of your expenses and losses. They will consider your current and future financial expenses in addition to the physical and emotional stress you are experiencing. They will also consider the impact of the injuries you sustained on your health.

In New York, if the negligent driver didn't have insurance or had only the minimum amount required by law, you may be able to claim compensation under your own policy's uninsured motorist coverage (UM). An attorney can help you understand this possibility.

It is crucial to find an experienced auto accident lawyer. Their training and experience put them in a better position to get you the money you need. The insurer of the defendant will recognize that your lawyer is prepared to pursue the case, which is often the reason for an increase in settlement offers.