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New York auto accident lawyer Accident Law

A car accident attorney is your advocate and will ensure that your side of the story gets heard. He or she will bargain with the insurance company and then present your case the presence of a judge or jury, if needed.

Certain states have a tort liability system, while others have no-fault or auto accident law firm insurance laws. 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 seem obvious in certain instances, such as rear-end collisions, but usually it is not the case. Fault is determined based on state laws and the specific facts of each case. Some states have pure comparative fault. In this case, your percentage of the accident determines how much of your damages you can recover.

If you're found to be more than 51% responsible however, you might still have an opportunity to recover some of your losses through supplemental coverage like MedPay or PIP policies. Certain states also use modified comparative negligence. These laws allow injured drivers to utilize their own insurance to cover expenses even if they're deemed partially responsible for the collision.

In the aftermath of an accident, it's common to be shaken up and to want to blame the other person. However, this could result in costly mistakes in the long run. A competent lawyer will help you avoid these pitfalls and give you the answers you need quickly and with precision.

Damages

Damages are compensations that compensate victims for financial losses they experienced due to another party's negligent actions. This type of compensation may be used to cover a variety of losses, such as medical expenses, lost wages or income and vehicle property damage. A lawyer for car accidents will examine invoices, auto accidents receipts and other financial documents in order to determine the amount of damages you're due.

Non-economic damages are more difficult to quantify and often include intangible damage such as pain and suffering. This type of compensation is typically subject to devaluation by insurance providers and it is imperative that you consult a knowledgeable lawyer to ensure that your damages are appropriately valued.

If you've suffered serious injuries or losses that exceed the policy limits in New York, you may be able to avoid the no-fault laws and sue for non-economic and economic injuries, including pain and. But, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault assigned to you. A skilled lawyer will do everything to maximize your compensation for damages.

Statute of Limitations

In the event of a car crash the statute of limitations is the time limit you are required to bring a lawsuit to recover damages. Typically, this is three years however it may differ depending on the nature of lawsuit and the state's laws.

Statutes of limitations are important because they guarantee that claims filed in court can be properly investigated prior to the deadline is up. After that time, it may be too late for witnesses, physical artifacts like tire marks and debris may disappear or be eroded, and public records can be misplaced.

As time passes, witnesses tend to forget important details. It's not realistic to believe that eyewitnesses can recall all the details of a car crash that took place 15 years ago. A statute of limitations also prohibits plaintiffs from filing legal action too soon following an incident since it will unfairly prejudice a jury against them. This is why it's essential to speak with a New York car accident lawyer and start the process as soon as it is possible.

Insurance

New York law requires all drivers to carry insurance for their cars. This type of insurance compensates the policyholder's as well as their passengers' economic losses, regardless of the person's 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 provides an amount of compensation for victims injured by an uninsured or underinsured motorist or in a hit-and-run accident. UM/UIM is typically available in the amount of $25,000 for a person and $50,000 per accident.

Bodily Injury Liability protects the policyholder in the event that they are sued by a third-party for damages, like medical bills or property damage. Third parties can also assert the pain and suffering of injuries that are serious enough. However, most third party claims are settled through insurance companies. Employing a competent 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 that range from car damages to medical bills to lost wages. A lawyer can help identify the person responsible for the accident and pursue compensation from the party responsible.

A lawyer will also ensure that your claim will cover all of your expenses and losses. They will take into account your current and future expenses, as in addition to physical and emotional stress. In addition, they'll take into account the impact that your injuries have had on your quality of life.

In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) when the negligent driver wasn't insured or had the minimum amount of insurance legally required. An attorney can help you understand this possibility.

It is essential to choose an experienced lawyer for auto accidents. Their training and expertise puts them in a better position to negotiate for the settlement you deserve. The insurance company of the defendant will be aware that your attorney is willing to try the case, which can lead to an offer of a higher settlement.