New York auto accident law firm Accident Law

A car accident attorney is your advocate and will make sure that your side of the story is told. He or she will discuss your case with the insurance company and present your case in before a judge and jury if necessary.

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

Fault

Determining fault is a crucial aspect of the legal and insurance claims process. It might appear obvious in certain cases like rear-end collisions, but usually it is not the case. The determination of fault is based on state laws and the facts of each instance. Some states have absolute comparative fault. This means that your proportion of the fault determines the amount of damages you are able to recover.

Even if your culpability is discovered to be greater than 51%, you can still recover some injuries you've suffered as a result of supplemental policies like MedPay and PIP. Some states also apply 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 partly accountable for the incident.

It's normal to be upset and try to blame someone else after an accident. However, doing this could cause costly errors in the future. A good lawyer can help you avoid these mistakes, and provide you with the answers you need quickly and efficiently.

Damages

Damages are payments made to compensate a victim for the financial losses they experienced due to another party's negligent actions. The type of compensation offered can cover a wide range of losses, Auto accidents including medical expenses, lost wages or income and vehicle property damage. A skilled car accident lawyer will examine receipts, invoices, and other financial documentation to determine precisely the amount of special damages you're owed.

Non-economic damages can be difficult to quantify, and may include intangible damage such as pain and suffering. This kind of compensation is usually subject to devaluation by insurance companies and it is critical to consult a reputable tort attorney to ensure that your damages are fairly valued.

In New York, if you suffered serious injuries, or if your losses were greater than the policy limits the possibility exists for you to avoid the no-fault system and sue for all of your economic and non-economic damages, including pain and suffering. New York is a state that uses comparative negligence, which means that your compensation will be reduced depending on the percentage of blame you're given. A skilled lawyer will be able to maximize your compensation for damages.

Statute of Limitations

In a car accident case the statute of limitations is the time frame you have to pursue a lawsuit in order to recover damages. This can vary from three to five years based on the nature and status of the lawsuit.

Statutes of limitations are important as they ensure that claims brought in court will be investigated properly before the deadline elapses. After this time it could be difficult to find witnesses. Physical artifacts, such as tire marks and other debris could disappear or become eroded, and public records might be misplaced.

As time passes, witnesses tend to forget important details. It is not reasonable to believe that eyewitnesses can recall all the details of a crash that occurred 15 years ago. A statute of limitations prohibits plaintiffs from bringing a lawsuit too quickly after the incident, because it could prejudice the jury against them. This is why it's important to consult with a New York car accident lawyer and start the process as soon as it is possible.

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 policyholder and their passengers for economic losses if they are involved in an accident regardless of who was the cause of the accident. This is also known 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 insurance policy provides compensation if a victim is injured by an uninsured or underinsured driver or in a hit and run accident. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is protected by Bodily Injury liability in the event that the third party sues them for damages like medical bills and property damage. Third parties may also make a claim for pain and suffering if the injury was severe enough to warrant it. However, most third party claims are resolved through insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you recover the maximum amount of damages available to you.

Contact an attorney

Car accidents are stressful and expensive. From vehicle damage to medical bills to lost wages, they can be costly. A lawyer can help you determine who is responsible for the accident was, and seek compensation from the person responsible.

A lawyer can also make sure that your claim is inclusive of all of your expenses and losses. They will consider the present and future expenses, as well as emotional and physical stress. In addition, they will take into account the impact that your injuries have caused on your quality of life.

In New York, if the negligent driver did not have insurance or carried only the minimum amount required by law, you could be able recover the amount under your insurance policy's uninsured motorist coverage (UM). An attorney can advise you of this possibility.

It is important to hire an experienced lawyer for auto accidents. Their experience and training put them in the best position to obtain you the compensation you deserve. The defendant's insurer will know that your lawyer is willing to try the case, which can lead to a higher settlement offer.