New York auto accident Law firms (https://Www.longisland.com/) Accident Law
A lawyer for car accidents will be your advocate, making sure your side of the story is heard. He or she will present your case to a judge or jury, if necessary and bargain with the insurance company.
Certain states have an tort liability system while others have no-fault or auto insurance laws. There are still time limits known as statutes that must be adhered to.
Fault
Finding out who is to blame is an important part of the insurance as well as legal claims process. In certain instances, such as rear-end collisions or other similar situations, it could seem straightforward, but in other cases, it’s not. The determination of fault is based on state laws and the facts of each incident. Some states apply pure comparative negligence, where the percentage of blame you owe in an accident determines the damages you can claim.
Even if you’re determined to be more than 51% accountable and liable, you could still have a an opportunity to recover some of the damages you suffered with additional insurance like MedPay or PIP policies. Additionally, certain states apply modified comparative fault. These laws allow injured motorists to utilize their own insurance coverage to cover expenses, even if they are found to be partially responsible for the crash.
Following an accident, it’s common to be shaken up and want to point the finger at the other person. This can lead to costly errors and could result in negative consequences. A competent lawyer will help you avoid these mistakes and provide the information you need quickly and efficiently.
Damages
Damages are compensations made to compensate victims for financial losses incurred by another party’s negligence. The type of compensation offered can be used to pay for a variety of losses, including medical expenses loss of income or wages as well as damage to the vehicle. A car accident lawyer will scrutinize invoices, receipts, and other financial documents to accurately calculate how much damages you’re due.
Non-economic damages are often difficult to quantify and may include intangible damage such as pain and suffering. Insurance companies are known to undervalue this type of compensation. It is imperative to consult an experienced tort lawyer to ensure that your damages have been appropriately valued.
In New York, if you suffered serious injuries or if your losses were greater than the limits of your insurance policy the possibility exists for you to avoid the no-fault system and sue for all your economic and non-economic damages as well as pain and suffering. However, as New York is a comparative negligence state, your compensation will be reduced by the percentage of fault assigned to you. A competent lawyer will strive to maximize your recovery for damages.
Statute of limitations
In a car accident, the statutes of limitations are the timeframes you are allowed to sue for damages. Typically, this is three years but can vary depending on the type of lawsuit and state laws.
Statutes of limitations are crucial as they ensure that claims in court can be thoroughly investigated before the deadline is up. After this time it could be difficult to locate witnesses. Physical artifacts, such as tire marks and debris could disappear or erode, and public records might be misplaced.
As the years pass, witnesses tend to forget important details. For example it’s not realistic for eyewitnesses to be expected to recall specific details about a car accident that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from taking legal action too early after an incident, as it would unfairly prejudice the jury against them. It’s important to contact a New York auto accident lawyer as early as you can to begin the process.
Insurance
New York law requires all drivers to have insurance for their cars. This type of insurance is designed to compensate the policy holder and their passengers for their economic losses in the event of an accident, regardless of who was the cause of the accident. This type of insurance is 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 insurance policy provides compensation if a victim is injured by an uninsured or underinsured motorist or in a hit and run accident. UM/UIM coverage is usually offered with a limit of $25,000 per person or $50,000 per accident.
Bodily Injury Liability protects the policyholder in case they are sued by a third-party for damages, such as medical bills or property damage. Third parties can also file claims for suffering and pain for injuries that are serious enough. The majority of third-party claims, however they are resolved by insurance companies. A skilled lawyer can assist you to recover the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and expensive. From car damage to medical costs 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 responsible party.
A lawyer will also ensure that your claim includes all your expenses and losses. They will assess your current and future financial expenses in addition to the physical and emotional stress you are experiencing. They will also take into account the impact of the injuries you sustained on your health.
In New York, you may be eligible for compensation under your insurance’s Uninsured Motorist coverage (UM) when the negligent driver was not insured, or only carried the minimum amount that is required by law. This option can be discussed with an attorney.
It is important to work with an experienced and knowledgeable auto accidents accident lawyer. Their knowledge and training put them in a better position to get you what you’re entitled to. The insurance company of the defendant will be aware that your lawyer is willing to take on the case, which often leads to an increase in settlement offers.
