New York Auto Accident Law

A car accident attorney is your advocate and will ensure that your side of the story gets heard. He or she will negotiate with the insurance provider and present your case in before a judge and jury if needed.

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

Fault

The determination of who is at fault is a critical part of the insurance as well as legal process of claiming. In some cases, like rear-end collisions and other similar situations, it might appear straightforward, but in other cases, it's not. The state laws and the facts of each instance are used to determine the degree of fault. Some states have pure comparative fault. In this case, your proportion of the cause determines how much of your damages can be recovered.

Even if the fault found to be greater than 51%, you can still collect some of the damages you have suffered with supplemental policies like MedPay and PIP. Additionally, certain states apply modified comparative fault. These laws allow injured motorists to use their own insurance coverage to pay expenses, even if are found partially at fault in the accident.

It's normal to be upset and want to blame someone else after an accident. However, doing so can backfire and lead to costly mistakes over the long term. A good lawyer can help you avoid these mistakes and provide the information you require quickly and precisely.

Damages

Damages are compensations offered to compensate victims for financial loss caused due to the negligence of another person. The type of compensation offered can cover a variety of losses, like medical costs and lost wages, income and vehicle property damage. A car accident lawyer will scrutinize receipts, invoices and other financial documents to accurately calculate how much special damages you're owed.

Non-economic damages can be difficult to quantify, and include intangible losses like pain and Auto accident Lawsuits suffering. Insurance companies are known for devaluing this kind of compensation. It is essential to speak with a seasoned tort attorney to make sure that your damages are fairly valued.

If you have suffered serious injuries or if the losses exceed the policy limits in New York, you may be able to get around the no-fault law by suing for both economic and noneconomic damages, including pain and suffering. But, since 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 be able to maximize the amount you are able to recover.

Statute of limitations

In the case of a car accident, the statute of limitations is the time frame you can pursue a lawsuit in order to recover damages. It can range from three years to five depending on the nature and the state of the lawsuit.

Statutes of limitations are important because they guarantee that claims filed in court can be investigated properly before the deadline elapses. After this period, it may be too late to identify witnesses, physical evidence such as the marks of tires and debris could disappear or get eroded and public records can be misplaced.

Witnesses also have a tendency to forget important details with the course of time. It's not realistic to believe that eyewitnesses can recall all the details of a crash that took place 15 years ago. A statute of limitations also stops plaintiffs from seeking legal action too quickly after an incident because it could unfairly prejudice the jury against them. It's important to contact an New York auto accident lawsuits accident lawyer as early as you can to 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 cover the policy holder and Auto accident Lawsuits their passengers for financial 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 compensates victims injured by uninsured, overinsured, or hit-and-run drivers. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is protected under Bodily Injury liability if an outside party sues them for damages, such as property damage and medical bills. Third parties may also make claims for suffering and pain in cases where the injury was serious enough to warrant it. Third-party claims are, however, the majority they are resolved by insurance companies. The presence of a knowledgeable lawyer on board can ensure that you recover the entire amount of damages available to you.

Contact an attorney

Car accidents can be stressful and expensive. From car damage to medical bills to lost wages They can be costly. A lawyer can help you determine who's fault the incident was, and then seek compensation from the person responsible.

A lawyer will also ensure that your claim will cover all your expenses and losses. They will consider your current and future financial burdens, as well as your physical and emotional distress. Additionally, they will take into account the impact that your injuries have affected your quality of life.

In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) if the negligent driver was not insured, or only had the minimum amount of insurance required by the law. An attorney can assist you with this possibility.

It is important to partner with a seasoned lawyer for your car accident. Their education and experience puts them in a better position to secure the compensation you're entitled to. Your lawyer will let the insurer of the defendant know that you're willing to take on the case. This often leads to an increased settlement offer.