New York auto accident lawsuit Accident Law

A lawyer who handles car accidents is your advocate, making sure your side of the story is told. They will discuss your case with the insurance company and present your case in before a judge and jury, if required.

Some states adhere to an old tort liability system while others do not have any fault or add to the auto insurance laws. But, there are strict time limits known as statutes of limitations that have to be adhered to.

Fault

Determining fault is an essential aspect of the legal and insurance claims process. It may seem obvious in certain instances such as rear-end collisions, but usually it's not. The determination of fault is based on state laws and the specific facts of each incident. Some states use pure comparative negligence, where the proportion of blame you owe in an accident determines the damages you are able to claim.

Even if your culpability is determined to be higher than 51%, you may still be able to recover some damages you have suffered with additional policies like MedPay and PIP. Additionally, certain states apply modified comparative fault. These laws permit injured motorists to make use of their own insurance to cover expenses even if they're partially responsible for the accident.

In the aftermath of an accident, it's common to be shaken up and to feel the need to blame the other person. This can lead to costly errors and have a negative impact. A competent lawyer will help you avoid these pitfalls and provide the information you require quickly and accurately.

Damages

Damages are the compensations given to compensate victims for financial losses incurred by another party's negligence. This type of compensation may be used to pay for a variety of losses, such as medical expenses loss of income or wages and vehicle property damage. A competent lawyer for car accidents will review receipts, invoices, and other financial records to accurately calculate the amount of special damages you're owed.

Non-economic damages are more difficult to quantify and usually comprise intangible losses like pain and suffering. This kind of compensation is frequently subject to devaluation by insurance companies and it is crucial to consult with a knowledgeable lawyer to ensure that your damages are appropriately valued.

If you've suffered serious injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to get around the no-fault law and file a lawsuit for non-economic and economic damages, including pain and suffering. But, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributable to you. A skilled attorney will be able to maximize the amount you can claim.

Statute of Limitations

In the event of a car crash the statute of limitations is the period in which you are required to sue to recover damages. Typically, this is three years, but it can vary depending on the type of lawsuit and the state's laws.

Statutes of limitations are essential, as they ensure that any claim filed in court is investigated properly prior to the time limit expires. After this time it could be impossible to find witnesses. Physical artifacts like tire marks and debris could disappear or get eroded, and public records might be misplaced.

As the years pass, witnesses tend to forget important details. It is not reasonable to assume that witnesses could recall all the details of a car crash that took place 15 years ago. A statute of limitations prohibits plaintiffs from bringing a lawsuit too early after the incident since it could prejudice the jury against them. It is essential to contact an New York auto accident lawyer as early as you can to start the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to compensate the policy holder and their passengers for economic losses if they are involved in an accident regardless of who was at fault. This is also known 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 insurance policy provides an amount of compensation for victims injured by an uninsured or uninsured driver 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.

The policyholder is covered by Bodily Injury liability when they are sued by a third party for damages, including medical bills or property damage. Third parties can also bring claims for suffering and pain in cases where the injury was serious enough to warrant it. However, the majority of third-party claims are resolved through insurance companies. A competent lawyer can help you get the maximum amount of damages.

Contact an Attorney

Car accidents are stressful and expensive. From vehicle damage to medical bills to lost wages and even lost wages, they can be expensive. A lawyer can help you determine who the primary cause of the accident was and seek compensation from the responsible party.

A lawyer can also make sure that your claim will cover all of your losses and expenses. They will take into account your current and future financial burdens and your physical and mental distress. They will also consider the effects of the injuries you sustained on your health.

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

It is important to hire an experienced auto accident lawyer. Their experience and training puts them in a better position to get you what you're entitled to. The defendant's insurer will know that your lawyer is prepared to fight the case which is often the reason for a higher settlement offer.