New York auto accidents Accident Law

An attorney who handles car accidents is your advocate and will ensure that your part of the story is heard. He or she will bargain with the insurance company and argue your case before a judge and jury if needed.

Some states have a tort liability system while others have no-fault or auto accident lawsuits insurance laws. Regardless, there are still strict time limitations, referred to as statutes of limitations that have to be adhered to.

Fault

Determining who is responsible is a critical part of the insurance and legal process of claiming. In certain cases, such as rear-end collisions and other similar situations, it may seem obvious, but in many other cases, it's not. The state laws and facts of each case are used to determine fault. Some states use pure comparative negligence. the percentage of fault you have in an accident determines the damages you can claim.

If you're found to be more than 51% responsible however, you might still have the possibility of recovering some of the damages you suffered with additional insurance like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured drivers to make use of their own insurance to cover the cost of their injuries even if they're deemed partially at fault for the crash.

It's normal to be angry and want to blame someone else following an accident. But, this can backfire and result in costly mistakes in the long run. A competent lawyer will assist you in avoiding these traps and will provide the information you require quickly and accurately.

Damages

Damages are compensations offered to pay victims of financial losses caused by the negligence of another party. The type of compensation offered can be used to cover a variety of losses, including medical expenses and lost wages, income as well as damage to the vehicle. A skilled lawyer 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 often difficult to quantify, and may include intangible damage such as pain and suffering. This type of compensation is frequently subject to devaluation by insurance companies and it is imperative to consult with a knowledgeable attorney in torts to ensure that your damages are valued fairly.

In New York, if you suffered serious injuries or if your losses surpassed the policy limits it is possible to avoid the no-fault system and pursue for all of your economic and non-economic damages, including pain and suffering. New York is a state that has a system of comparative negligence, which means that your compensation will be reduced according to the percentage of blame you are assigned. A skilled lawyer will strive to maximize the damages you can claim.

Statute of Limitations

In the event of a car crash, the statute of limitations is the time limit you must bring a lawsuit to recover damages. This can vary from three years to five years, based on the nature and the state of the lawsuit.

Statutes of limitations are crucial because they ensure that claims filed in court can be investigated properly before the deadline is up. After that time it could be too late to find witnesses, physical evidence like debris and tire marks can disappear or be destroyed, and public records could be lost.

As the years pass, witnesses tend to forget important information. It would be unreasonable to believe that eyewitnesses can recall all the details of a accident that occurred 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too soon after the incident, because it could disadvantage the jury. It is essential to contact a New York auto accident lawsuits accident lawyer as soon as possible and start the process.

Insurance

All drivers in New York are required by law to have car insurance. This type insurance covers the policyholder and their passengers' financial losses, regardless of the 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 coverage compensates victims injured by uninsured, overinsured, or hit-and-run drivers. UM/UIM is usually offered with the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is covered by Bodily Injury liability in the event that the third party sues them for damages like medical bills or property damage. Third parties may also make a claim for suffering and pain in cases where the injury was serious enough to warrant. However, most third party claims are resolved through insurance companies. Employing a competent lawyer on board can ensure that you recover the maximum amount of damages that are available to you.

Contact an attorney

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

A lawyer can also make sure that your claim will cover all of your expenses and losses. They will consider the present and future financial expenses as also physical and emotional distress. They will also consider the effects of your injuries on your quality-of-life.

In New York, you may be able to claim compensation under your policy's uninsured motorist coverage (UM) when the negligent driver wasn't insured or had the minimum amount of insurance required by the law. This option can be discussed with an attorney.

It is crucial to choose a seasoned attorney for car accidents. Their experience and training puts them in a better position to obtain the compensation you're entitled to. Your lawyer will inform the insurers of the defendants know that you're willing to accept the case. This often leads to an increased settlement offer.