New York Auto Accident Law

An attorney who handles car accidents is your advocate and will make sure that your account of the incident is heard. The lawyer will present your case to a judge or jury, if needed, and bargain with the insurance company.

Some states have a tort liability system, while others have no-fault laws or auto insurance. However, there are strict time limits, also known as statutes of limitation that must be followed.

Fault

Finding out who is to blame is a critical aspect of the insurance and legal claims process. It might seem obvious in some cases such as rear-end collisions, but often it is 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, where your proportion of the cause determines how much of your damages can be recovered.

Even if your fault is discovered to be greater than 51%, you can still recover some damages you have suffered with additional policies such as MedPay and PIP. Certain states also use modified comparative negligence. These laws permit injured motorists to utilize their own insurance to cover the cost of their injuries even if they're partially at fault for the crash.

It's normal to feel upset and try to blame someone else after an accident. This could lead to costly mistakes and could cause a negative impact. A good lawyer will assist you in avoiding these traps, and provide you with the answers you require quickly and precisely.

Damages

Damages are the compensations given to compensate victims of financial losses caused due to the negligence of another person. This kind of compensation can be used to pay for a variety of losses, including medical expenses and lost wages, income and vehicle property damage. A lawyer for car accidents will look over receipts, invoices and other financial documents to accurately calculate how much damages you're entitled to.

Non-economic damages are more difficult to quantify and usually include intangible harms such as pain and suffering. Insurance companies are known to devalue this kind of compensation. It is imperative to consult a skilled tort attorney to make sure that your damages are fairly valued.

In New York, if you suffered serious injuries or if your losses surpassed the policy limits, you may be able to avoid the no-fault system by suing for all your economic and non-economic damages including suffering and pain. However, because New York is a comparative negligence state, your recovery will be reduced by the percentage of fault assigned to you. An experienced lawyer will strive to maximize the damages you are entitled to.

Statute of limitations

In a car accident case the statute of limitation is the amount of time you must bring a lawsuit to recover damages. This can vary from three years to five depending on the nature and the state of the lawsuit.

Statutes of limitations are essential as they ensure that claims made in court can be investigated properly before the deadline is up. After this period, it may be too late to locate witnesses, physical artifacts like debris and tire marks can disappear or get eroded and public records may be lost.

As time passes, witnesses also tend to forget important information. It's not realistic to expect that eyewitnesses could recall all the details of a crash that occurred 15 years ago. A statute of limitations forbids plaintiffs from filing a lawsuit too quickly after the incident, because it may unfairly disadvantage the jury. It's important to contact a New York Ferndale auto accident lawyer accident lawyer as soon as you can and begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance pays the policyholder and their passengers' financial losses regardless of the cause. 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, underinsured or hit-and-run drivers. UM/UIM is typically offered in minimum limits 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 like medical bills or property damage. Third parties can also bring a claim for pain and suffering in cases where the injury was serious enough to warrant it. The majority of third-party claims, however are resolved by insurance companies. A knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an Attorney

Car accidents are stressful and costly. From car injuries to medical costs to lost wages and even lost wages, they can be expensive. A lawyer can help you determine whose fault the accident was and seek compensation from the person responsible.

A lawyer will also ensure that your claim covers all of your losses and expenses. They will consider the present and future costs of living as also physical and emotional stress. They will also consider the impact of your injuries on your quality of life.

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

It is crucial to find an experienced lawyer for de soto auto accident law firm accidents. Their education and experience puts them in the best position to obtain you the amount you're entitled to. Your lawyer will inform the defendant's insurance company know that you're willing to accept the case. This usually results in an increase in the settlement amount.