New York Auto Accident Law

A car accident attorney is your advocate and will ensure that your account of the incident is heard. They will present your case to a judge and jury, if necessary, and negotiate with the insurance company.

Some states have the tort liability system, while others have no-fault or auto accident law firm insurance laws. However, there are strict time limits, commonly referred to as statutes of limitations that must be observed.

Fault

Determining fault is an essential element of the legal and insurance claims process. In certain situations, like rear-end collisions and other similar situations, it might appear evident, but in other cases, it's not. The state laws and the facts of each case are used to determine fault. Some states have pure comparative fault, where your percentage of the accident determines how much of your damages you are able to recover.

Even if you're found be more than 51% responsible however, you might still have a chance to collect some of your damages with additional coverage such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured motorists to utilize their own insurance coverage to cover expenses, even if are found partially at fault for the crash.

It's normal to feel upset and try to blame someone else after an accident. This can result in costly mistakes and can have a negative effect. A competent lawyer will assist you in avoiding these traps, and provide you with the answers you need quickly and efficiently.

Damages

Damages are compensations made to compensate victims for financial losses caused through the negligence of a third party. The type of compensation offered can cover a wide range of losses, including medical costs loss of income or wages and damage to property of vehicles. A skilled attorney for car accidents will scrutinize receipts, invoices, and other financial records to determine the exact amount of special damages you're owed.

Non-economic damages are more difficult to quantify, and often comprise intangible losses such as pain and suffering. Insurance companies are known to undervalue this type of compensation. It is imperative to consult a skilled lawyer in torts to ensure that your damages have been properly assessed.

If you have suffered serious injuries or losses exceed the policy limits in New York, you may be able to escape the no-fault laws and sue for non-economic and economic damages, such as pain and suffering. New York is a state that relies on comparative negligence so your claim will be reduced based on the percentage of blame you're assigned. A knowledgeable attorney will be able to maximize the amount you are entitled to.

Statute of limitations

In a car accident case the statute of limitation is the time frame you must seek damages. Typically, this is three years, but it can vary based on the kind of lawsuit as well as the state's laws.

Statutes of limitation are important as they ensure that any claim made in court is investigated properly before the deadline runs out. After this period, it may be too late to find witnesses, physical evidence such as tires marks and auto Accident Lawyer debris can disappear or become eroded, and public records may be lost.

As time passes, witnesses tend to forget important details. For instance, it would be unreasonable to expect eyewitnesses to recall the details of a car accident that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a suit too quickly after the incident, as it could unfairly influence the jury. It is essential to contact an 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 compensates the policyholder's and passengers' economic losses regardless of the person's 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 coverage provides compensation to victims injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM coverage is typically 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 to recover damages, such as medical bills or property damage. Third parties can also bring a claim for pain and suffering when the injury is severe enough to warrant. Most third-party claims, however they are resolved by insurance companies. Bringing a skilled lawyer to the table can ensure that you receive the entire amount of damages that are available to you.

Contact an Attorney

Car accidents are stressful and expensive. From car damages to medical expenses to lost wages and even lost wages, they can be expensive. An attorney can help determine who was responsible for the accident and seek compensation from the party responsible.

A lawyer can also ensure that your claim will cover the totality of your losses and expenses. They will consider your current and future financial expenses as well as your physical and emotional distress. Additionally, they will take into consideration the impact your injuries have caused on your life quality.

In New York, if the negligent driver was not covered by insurance or had only the minimum amount required by law, you could be able to recover under your own insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney.

It is essential to choose an experienced auto accident lawyer. Their knowledge and training puts them in better position to secure you the money you need. Your attorney will let insurer of the defendant know that you're willing to take on the case. This can lead to an increase in the settlement amount.