New York auto accident law firm Accident Law

A lawyer for car accidents will be your advocate, making sure your side of the story is told. They will negotiate with the insurance provider and argue your case before a judge and jury, if needed.

Some states follow a traditional tort liability system and some states have no fault or add on auto accident lawyer insurance laws. There are still strict time limitations known as statutes that must be adhered to.

Fault

Determining who is at fault is a critical aspect of the insurance and legal claims process. In certain situations, like rear-end collisions or other similar situations, it might appear simple, but in other cases, it's not. The determination of fault is based upon state laws and the facts of each incident. Certain states have pure comparative fault. In this case, your percentage of the accident determines the amount of damage you can claim.

If you're found to be more than 51% accountable and liable, you could still have a a chance to collect some of your losses through additional coverage, such as MedPay or PIP policies. In addition, some states apply modified comparative responsibility. These laws allow injured motorists to utilize their own insurance coverage to pay expenses, even if they are found to be partially responsible for the crash.

Following an accident, it's natural to feel shaken and to feel the need to point the finger at another person. However, this could backfire and lead to costly errors in the future. A good lawyer will help you avoid these pitfalls and provide the information you require quickly and accurately.

Damages

Damages are monetary payments that compensate victims for financial losses they experienced due to another party's negligent actions. The type of compensation offered can be used to cover a variety of losses, including medical costs, lost wages or income and property damage to vehicles. A skilled car accident lawyer will examine invoices, receipts and other financial records to calculate accurately the amount of damages you're due.

Non-economic damages are more difficult to quantify and usually comprise intangible losses like pain and suffering. This type of compensation is usually subject to devaluation by insurance providers and it is crucial to consult a reputable tort attorney to ensure that your damages are fairly valued.

If you've suffered severe injuries or if your losses exceed the policy limits in New York, you may be able to get around the no-fault laws and sue for non-economic and financial damages, including pain and suffering. New York is a state that has a system of comparative negligence, so your claim will be reduced according to the percentage of blame you are assigned. A competent attorney will do everything to maximize the amount you are able to recover.

Statute of Limitations

In the event of a car wreck, the statutes of limitations are the period of time that you must sue 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 crucial as they ensure that claims made in court can be properly investigated prior to the deadline runs out. After that it could be impossible to find witnesses. Physical artifacts, such as tire marks and other debris could disappear or get eroded and public records could be misplaced.

As time passes, witnesses also tend to forget important details. For example it would be untrue to expect eyewitnesses to recall detailed information about a car auto accident lawsuits that occurred 15 years ago. A statute of limitations also stops plaintiffs from bringing legal action too soon after an incident because it could unfairly prejudice the jury against them. This is why it's crucial 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 have insurance on their vehicles. This type of insurance is designed to pay the policyholder and their passengers for economic losses if they are involved 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 coverage compensates victims who have been injured by uninsured, underinsured or hit-and-run motorists. UM/UIM coverage is usually provided with a minimum amount of $25,000 per person or $50,000 per accident.

The policyholder is liable under Bodily Injury liability if the third party sues them for damages like medical bills or property damage. Third parties can also assert pain and suffering for injuries that are serious enough. However, most third party claims are resolved through insurance companies. Employing a competent lawyer on board can ensure that you are able to recover the entire amount of damages available to you.

Contact an Attorney

Car accidents are stressful and costly. From car damage to medical costs to lost wages They can be costly. An attorney can help determine who is responsible for the accident was, and obtain compensation from the responsible party.

A lawyer can also ensure that your claim includes all of your losses and expenses. They will consider your current and future financial expenses as also physical and emotional suffering. In addition, they will take into consideration the impact that your injuries have affected your quality of life.

In New York, if the negligent driver did not have insurance or had only the minimum amount required by law, you might be able recover the amount under your own insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney.

It is important to choose a seasoned car accident attorney. Their experience and training puts them in a stronger position to negotiate for the settlement you're entitled to. Your lawyer will inform the insurance company of the defendant know that you're willing to accept the case. This often leads to an increased settlement offer.