New York auto accident lawsuit Accident Law

A lawyer who handles car accidents is your advocate, ensuring your side of the story is heard. The lawyer will present your case to a judge and jury, if necessary, and bargain with the insurance company.

Some states adhere to the tort liability system as it is in common practice while others do not have any fault or add to the auto accident lawyer insurance laws. Regardless, there are still strict time limits, commonly referred to as statutes of limitation that have to be adhered to.

Fault

Determining fault is a crucial aspect of the legal and insurance claims process. It might appear obvious in some instances, such as rear-end collisions, but often it's not the case. The state laws and the facts of each instance are used to determine the extent of fault. Some states apply pure comparative negligence. In this case, the proportion of blame you owe in an accident determines the damages you are entitled to claim.

Even if the fault found to be greater than 51%, you might still recover some damages you have suffered with additional policies like MedPay and auto accidents PIP. Some states also apply modified comparative negligence. These laws allow injured motorists to utilize their own insurance to cover their expenses even if they're found partially responsible for the collision.

After an accident, it's normal to feel a bit shaken up and want to point the finger at another person. This can result in costly mistakes and can result in negative consequences. A good lawyer can help you avoid these pitfalls and help you get the answers you need quickly and accurately.

Damages

Damages are payments made to compensate victims for financial loss they suffered as a result of a third party's negligence actions. This kind of compensation can be used to pay for a variety of losses, such as medical costs loss of income or wages and property damage to vehicles. A lawyer for car accidents will scrutinize receipts, invoices and other financial documents to accurately determine the amount of damages you're due.

Non-economic damages can be difficult to quantify, and may include intangible damage such as pain and suffering. This type of compensation is often subject to devaluation by insurance providers and it is crucial that you consult a knowledgeable tort lawyer to ensure your damages are appropriately valued.

If you've suffered serious injuries or if your losses exceed the policy limits in New York, you may be able to avoid the no-fault law by suing for your economic and noneconomic damages, such as pain and suffering. However, as New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributable to you. A competent lawyer will be able to maximize your recovery for damages.

Statute of Limitations

In a case involving a car crash the statute of limitation is the time limit you must sue to recover damages. This can vary from three to five years depending on the nature and auto accidents the state of the lawsuit.

Statutes of limitations are crucial because they ensure that any claim filed in court is investigated properly before the deadline is up. After that time it could be too late for witnesses, physical artifacts like the marks of tires and debris could disappear or be eroded, and public records could be misplaced.

As time passes, witnesses also tend to forget important details. It's unreasonable to believe that eyewitnesses can recall all the details of a 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. This is why it's essential to speak with a New York car accident lawyer and start the process as soon as possible.

Insurance

New York law requires all drivers to have insurance on their vehicles. This type of insurance is designed to compensate the policy holder and their passengers for economic losses in an accident, regardless of who was the cause of the accident. This type 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 compensates victims injured by uninsured, overinsured, or hit-and-run drivers. UM/UIM coverage is typically provided with a limit of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder in the event that they are sued by a third party for damages, including medical bills or property damage. Third parties can also file a claim for suffering and pain in cases where the injury was serious enough to warrant. However, most third-party claims are settled through insurance companies. Employing a competent lawyer on board can help to ensure that you receive the full amount of damages that are available to you.

Contact an Attorney

Car accidents can be stressful and expensive, from vehicle damages to medical bills to lost wages. A lawyer can help you determine who's fault the incident was, and then seek compensation from the responsible party.

A lawyer can also ensure that your claim is inclusive of all your expenses and losses. They will consider your current and future financial costs, as well as your emotional and physical distress. They will also take into account the effects of your injuries on your quality-of-life.

In New York, if the negligent driver was not covered by insurance or only carried the minimum amount required by law, you might 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 find an experienced lawyer for auto accidents. Their knowledge and training put them in a stronger position to negotiate for the settlement you deserve. The insurance company of the defendant will be aware that your lawyer is willing to pursue the case, which is often the reason for a higher settlement offer.