New York Highland Park Auto Accident Law Firm Accident Law
A lawyer for car accidents will be your advocate, making sure your side of the story is presented. They will negotiate with the insurance company and then present your case front of a judge and jury if needed.
Some states follow a tort liability system that is traditional and others have no fault or add on crossville auto accident lawsuit insurance laws. In any case, there are strict time limits known as statutes or limitations that must be observed.
Fault
Determining who is at fault is an important aspect of the insurance and legal process of claiming. It may seem obvious in certain instances, such as rear-end collisions but generally it is not. Fault is determined based on state laws and the facts of each case. Some states apply pure comparative negligence, in which the percentage of fault you are responsible for in an accident determines what damages you can claim.
Even if the fault determined to be more than 51%, you can still collect some of the injuries you’ve suffered as a result of additional policies like MedPay and PIP. Some states also apply modified comparative negligence. These laws permit injured motorists to utilize their own insurance to cover their expenses even if they’re found partially at fault for the crash.
In the aftermath of an accident, it’s normal to feel shaken and want to point the finger at the other person. However, doing so can result in costly errors in the future. A good lawyer will help you avoid these mistakes and will provide the information you need quickly and accurately.
Damages
Damages are compensations offered to pay victims for financial loss caused due to the negligence of another person. This type of compensation could be used to cover a variety of losses, including medical costs in addition to lost wages or income, and vehicle property damage. A skilled lawyer for car accidents will review receipts, invoices, and other financial records to accurately calculate the amount of special damages you are owed.
Non-economic damages are often difficult to quantify, and may include intangible damage such as pain and suffering. This type of compensation is typically subject to devaluation by insurance companies and it is critical to consult a reputable attorney in torts to ensure that your damages are fairly valued.
In New York, if you suffered serious injuries or if your losses exceeded the limits of your insurance policy the possibility exists for you to escape the no-fault system and pursue for all of your economic and non-economic damages which includes pain and suffering. New York is a state which uses comparative negligence which means that your compensation will be reduced by the proportion of fault you are assigned. A competent lawyer will strive to maximize the amount you can recover.
Statute of limitations
In a car accident the statutes for limitation are the time limits that you must sue to recover damages. Typically, it is three years but can differ based on the type of lawsuit and the laws of the state.
Statutes of limitation are vital, as they ensure that any claim made in court is investigated properly before the deadline runs out. After that time, it may be too late to locate witnesses, physical evidences such as tire marks and debris may disappear or be destroyed, and public records can be lost.
As time passes, witnesses tend to forget important details. It’s unreasonable to expect that eyewitnesses could recall all the details of a car crash that took place 15 years ago. A statute of limitations prevents plaintiffs from bringing a lawsuit too late after the accident, as it could unfairly influence the jury. This is why it’s important to consult with a New York car accident lawyer and begin the process as soon as you can.
Insurance
All drivers in New York are required by law to have car insurance. This type of insurance is designed to compensate the policy holder and their passengers for their economic losses if they are involved in an accident regardless of who was responsible for the fault. This is referred to 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 covers victims who are injured by uninsured, insufficiently insured, or hit-and-run motorists. UM/UIM coverage is typically provided with a minimum of $25,000 per person or $50,000 per accident.
The policyholder is protected by Bodily Injury liability if they are sued by a third party for damages like medical bills or property damage. Third parties can also claim suffering and pain for injuries that are serious enough. The majority of third party claims, however they are settled by insurance companies. A skilled lawyer to the table can ensure that you are able to recover the maximum amount of damages that are available to you.
Contact an attorney
Car accidents are stressful and expensive. From car injuries to medical costs to lost wages and even lost wages, they can be expensive. A lawyer can assist you determine who’s fault the incident was, and obtain compensation from the party responsible.
A lawyer can also ensure that your claim is inclusive of the totality of your losses and expenses. They will take into account your financial expenses as along with physical and emotional stress. In addition, they’ll take into account the impact that your injuries have caused on your life quality.
In New York, you may be able to claim compensation under your insurance’s Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured, or only had the minimum amount of insurance legally required. An attorney can assist you with this option.
It is important to work with an experienced attorney for car accidents. Their education and experience puts them in a stronger position to secure the compensation you’re entitled to. Your attorney will let defendant’s insurance company know that you are willing to take on the case. This often leads to an increase in the settlement amount.
