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New York Auto Accident Law

A lawyer for car accidents is your advocate and will ensure that your side of the story is heard. He or she will discuss your case with the insurance company and argue your case before a judge and jury if needed.

Certain states have an old tort liability system and some have no fault or add to the auto accident law firm (https://www.instapaper.com/p/14544517) insurance laws. There are still strict time limitations known as statutes which must be followed.

Fault

Determining who is at fault is an important part of the insurance as well as legal claims process. In some cases, like rear-end collisions, or other similar circumstances, it may appear obvious, but in many other cases, it’s not. The state laws and the facts of each instance are used to determine the degree of fault. Certain states have pure comparative fault, in which your percentage of the accident determines how much of your damage you can claim.

Even if your fault is discovered to be greater than 51%, you can still collect some of the damages you have suffered with additional policies like MedPay and PIP. Some states also apply modified comparative negligence. These laws allow injured motorists to use their own insurance to cover their expenses even if they’re partly responsible for the collision.

In the aftermath of an accident, it’s natural to be shaken and to want to blame another person. This can result in costly mistakes and can result in negative consequences. A skilled lawyer can help you avoid these mistakes and help you get the answers you need quickly and accurately.

Damages

Damages are compensations made to pay victims of financial losses caused by another party’s negligence. This kind of compensation can be used to pay for a variety of losses, such as medical costs as well as lost wages or income, and vehicle property damage. A skilled car accident lawyer will review invoices, receipts and other financial documents to accurately calculate 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. Insurance firms are known to devalue this type of compensation. It is crucial to speak with an experienced and knowledgeable tort lawyer to ensure that your damages are fairly assessed.

In New York, if you suffered serious injuries, or if your losses surpassed the limits of your insurance policy, you may be able to escape the no-fault system, and sue for all your non-economic and economic damages which includes pain and suffering. However, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault attributed to you. A skilled attorney will do everything to maximize the damages you are able to recover.

Statute of limitations

In the event of a car crash the statute of limitations is the period in which you can seek damages. Typically, it is three years, but may vary depending on the type of lawsuit and the laws of the state.

Statutes of limitation are important because they ensure that any claims in court can be properly investigated before the deadline runs out. After that time it could be impossible to find witnesses. Physical artifacts such as tires and debris may disappear or be destroyed and public records could be lost.

As the years pass, witnesses tend to forget important information. For instance, it would be unreasonable to expect eyewitnesses to recall detailed information about an automobile accident that happened 15 years ago. A statute of limitations prohibits plaintiffs from bringing a suit too early after the incident since it could disadvantage the jury. It is essential to contact a New York auto accident lawyer as soon as possible 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 fault. This kind of insurance is also 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 of insurance pays victims who have been injured by uninsured, overinsured, or hit-and-run drivers. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident.

Bodily Injury Liability protects the policyholder in case they are sued by a third party for damages, including medical bills or property damage. Third parties may also be able to claim injury and pain that are severe enough. However, the majority of third party claims are resolved through 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 damage to medical bills to lost wages and even lost wages, they can be expensive. An attorney can help determine who is responsible for the accident and seek compensation from the responsible party.

A lawyer can also ensure that your claim covers the totality of your losses and expenses. They will take into account your current and future financial expenses in addition to your physical and emotional distress. In addition, they will take into consideration the impact your injuries have caused on your quality of life.

In New York, if the negligent driver was not covered by insurance or only the minimum amount required by law, you could be able to collect under your insurance policy’s uninsured motorist coverage (UM). An attorney can help you understand this option.

It is crucial to hire a professional attorney for car accidents. Their education and experience puts them in a stronger position to negotiate for the settlement you’re entitled to. Your lawyer will inform the defendant’s insurance company know that you are willing to take on the case. This usually leads to an increase in the settlement amount.

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