New York auto accident law firms (get more info) Accident Law

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

Certain states have a tort liability system, while others have no-fault laws or auto accident attorneys insurance. But, there are strict time limits, also known as statutes of limitations that have to be adhered to.

Fault

Finding out who is to blame is a critical aspect of the insurance and legal process of claiming. In certain instances, such as rear-end collisions and other similar situations, it could seem simple, but in other cases, it's not. The degree of fault is determined by state laws and the facts of each case. Some states have pure comparative fault. In this case, your percentage of fault determines how much of your damages you can recover.

Even if you're found be more than 51% responsible there's a the chance to recover certain damages through additional coverage such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to pay costs, even if are found to be partially responsible for the accident.

It's normal to be angry and feel the need to blame someone else after an accident. But, this can cause costly mistakes in the end. A good lawyer can assist you in avoiding these traps and help you get the answers you require quickly and accurately.

Damages

Damages are compensations made to compensate victims for financial loss caused by the negligence of another party. This type of compensation could pay for a variety losses, such as medical costs and lost wages, income, and even vehicle property damage. A lawyer for car accidents will look over receipts, invoices and other financial documents to calculate how much damages you're due.

Non-economic damages are harder to quantify and typically include intangible damages such as pain and suffering. This type of compensation is usually subject to devaluation by insurance providers and it is essential to consult a reputable tort lawyer to ensure your damages are appropriately valued.

In New York, if you suffered serious injuries, or if your losses exceeded the limits of your insurance policy, you may be able to escape the no-fault system by suing for all your non-economic and economic damages, including pain and suffering. However, because New York is a comparative negligence state, your claim will be reduced by the percentage of fault assigned to you. A competent lawyer will do everything to maximize your claim for damages.

Statute of limitations

In the case of a car accident the statute of limitations is the time frame you have to bring a lawsuit to recover damages. Typically, it is three years but can vary depending on the type of lawsuit as well as the state's laws.

Statutes of limitation are vital as they ensure that any claim filed in court is properly investigated before the deadline expires. After this period, it may be too late to identify witnesses, physical evidence like tire marks and debris may disappear or be eroded, and public records could be lost.

As time passes, witnesses tend to forget important details. For instance, it would be unreasonable to expect eyewitnesses to recall detailed information about an accident in a car that occurred 15 years ago. A statute of limitations forbids plaintiffs from filing a lawsuit too quickly after the incident, because it could disadvantage the jury. This is why it's always essential to speak with a New York car accident lawyer and begin the process as soon as possible.

Insurance

All drivers in New York are required by law to carry insurance for their cars. This type of insurance pays the policyholder and their passengers' economic losses regardless of the person's fault. 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 of insurance pays victims injured by uninsured, underinsured or hit-and-run motorists. UM/UIM coverage is usually offered with a minimum 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 to recover damages, such as medical bills or property damage. Third parties can also bring claims for suffering and pain if the injury was severe enough to warrant. The majority of third-party claims, however they are resolved by insurance companies. A competent lawyer can help you get the maximum amount of damages.

Contact an Attorney

Car accidents can be stressful and costly in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can help determine who the primary cause of the accident was, and then seek compensation from the party responsible.

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

In New York, you may be eligible for compensation under your policy's Uninsured Driver 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 possibility.

It is crucial to find an experienced attorney for auto accidents. Their knowledge and training put them in a better position to negotiate for the settlement you deserve. The insurer of the defendant will know that your attorney is willing to take on the case, which usually results in an increased settlement offer.