New York auto accident attorney Accident Law

A lawyer for car accidents is your advocate and will make sure that your side of the story is heard. They will discuss your case with the insurance company and present your case before a judge and jury, if required.

Some states have a tort liability system, while others have no-fault laws or auto insurance. But, there are strict time limits known as statutes of limitation that must be followed.

Fault

The determination of who is at fault is an important element of the insurance and auto Accident lawsuits legal process of claiming. It may seem obvious in some cases like rear-end collisions, Auto accident Lawsuits but often it is not the case. The determination of fault is based on state laws and the facts of each incident. Some states use pure comparative negligence. In this case, the proportion of fault you have in an accident determines the damages you are able to claim.

Even if the fault determined to be higher than 51%, you might still recover some damage you've sustained through additional policies like MedPay and PIP. Some states also allow modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to cover expenses, even if are found to be partially responsible for the accident.

After an accident, it's common to be shaken up and to want to blame the other person. But, this can cause costly errors in the future. A competent lawyer can help you avoid these pitfalls and get the answers you require quickly and precisely.

Damages

Damages are payments made to help a victim to make up for the financial losses they have suffered as a result of a third party's negligence actions. This type of compensation could be used to pay for a variety of losses, such as medical costs, missed wages or income, and vehicular property damage. A skilled lawyer for car accidents will examine invoices, receipts and other financial documentation to determine the exact amount of damages you're owed.

Non-economic damages can be difficult to quantify and can include intangible damages such as pain and suffering. This type of compensation is typically subject to devaluation by insurance companies and it is essential to consult with a knowledgeable attorney in torts to ensure that your damages are appropriately valued.

In New York, if you suffered serious injuries, or if your losses were greater than the limits of your insurance policy you may be able to escape the no-fault system and pursue for all your non-economic and economic damages as well as pain and suffering. But, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault assigned to you. A competent lawyer will be able to maximize your compensation for damages.

Statute of Limitations

In the event of a car accident the statutes of limitation are the time frames you can sue for damages. It can range from three years to five years, based on the nature and condition of the lawsuit.

Statutes of limitations are essential, as they ensure that any claim made in court is investigated properly before the deadline is up. After that, it may be impossible to find witnesses. Physical artifacts, such as debris and tire marks could disappear or erode, and public records might be misplaced.

As time passes, witnesses also tend to forget important details. It's unreasonable to assume that witnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitations also prevents plaintiffs from taking legal action too early after an incident as it could unfairly prejudice the jury against them. It is essential to contact an New York auto accident lawyer as quickly as you can in order to begin the process.

Insurance

New York law requires all drivers to carry insurance for their cars. This type of insurance compensates the policyholder's and their passengers' economic losses, regardless of the fault. This is 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 of insurance compensates victims injured by uninsured, underinsured or hit-and-run motorists. UM/UIM is typically provided in the amount of $25,000 for a person and $50,000 per accident.

The policyholder is protected by Bodily Injury liability if a third-party sues them for damages such as medical bills or property damage. Third parties can also assert suffering and pain for injuries that are severe enough. However, the majority of third party claims are settled through insurance companies. A knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and expensive that range from car damage to medical bills to lost wages. A lawyer can assist in determining who is responsible for the accident and seek compensation from the party responsible.

A lawyer will also ensure that your claim covers all of your losses and expenses. They will consider your current and future financial burdens, as well as your emotional and physical distress. They will also consider the effects of your injuries on your life quality.

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 own policy's uninsured motorist coverage (UM). This option is discussed with an attorney.

It is essential to choose an experienced and knowledgeable auto accident lawsuits accident lawyer. Their knowledge and training puts them in the best position to obtain you the compensation you deserve. The defendant's insurer will know that your attorney is willing to pursue the case, which can lead to an increased settlement offer.