New York Auto Accident Law

An attorney who handles car accidents is your advocate and will make sure that your side of the story is told. He or she will argue your case to a judge and jury, firms if needed and bargain with the insurance company.

Some states adhere to a tort liability system that is traditional and some states have no fault or add to the auto accident law firms insurance laws. But, there are strict time limits, also known as statutes of limitations that must be adhered to.

Fault

The determination of who is at fault is an essential part of the insurance and legal process of claiming. It might seem obvious in certain instances like rear-end collisions, but often it's not. The state laws and the facts of each case are used to determine the fault. Some states have absolute comparative fault. This means that your proportion of the fault determines how much of your damages you are able to recover.

Even if your culpability is determined to be higher than 51%, you could still claim some damage you've sustained through additional policies such as MedPay and PIP. In addition, some states have modified comparative fault. These laws permit injured drivers to use their own insurance to pay for expenses even if they're partly accountable for the incident.

It's normal for people to be upset and want to blame someone else for firms an accident. However, doing so can backfire and result in costly errors in the future. A good lawyer can help you avoid these pitfalls and provide the information you require quickly and efficiently.

Damages

Damages are the amount paid to compensate victims for financial losses they suffered due to another party's negligent actions. This kind of compensation can be used to pay for a variety of losses, including medical costs and lost wages, income and property damage to vehicles. A car accident lawyer will examine invoices, receipts, and other financial documents to determine the amount of special damages you're owed.

Non-economic damages can be difficult to quantify, and may include intangible damage such as pain and suffering. Insurance firms are known to devalue this kind of compensation. It is essential to consult an experienced tort lawyer to ensure that your damages have been properly assessed.

In New York, if you suffered serious injuries, or if your losses surpassed the limits of your insurance policy the possibility exists for you to get out of the no-fault system by suing for all your non-economic and economic damages, including pain and suffering. New York is a state that uses comparative negligence, so your recovery will be reduced by the proportion of blame you're given. A competent lawyer will do everything to maximize your recovery for damages.

Statute of limitations

In a car accident case the statute of limitation is the period in which you can bring a lawsuit to recover damages. This can vary from three to five years depending on the nature and condition of the lawsuit.

Statutes of limitation are important because they ensure that any claims made in court can be thoroughly investigated before the deadline expires. After that time it might be difficult to find witnesses. Physical artifacts such as tire marks and other debris could disappear or erode and public records could be lost.

Witnesses also have a tendency to forget important details with the course of time. It would be unreasonable to think that eyewitnesses would recall all the details of a car crash that occurred 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too early after the incident because it may unfairly bias the jury against them. This is why it's essential to speak with a New York car accident lawyer and begin the process as soon as it is possible.

Insurance

All drivers in New York are required by law to carry insurance for their cars. This type insurance covers the policyholder's and their passengers' financial losses, regardless of 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 of coverage provides compensation to victims injured by an uninsured or underinsured motorist or in a hit-and-run accident. UM/UIM coverage is typically offered with a minimum amount of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also claim the pain and suffering of injuries that are severe enough. The majority of third party claims, however, are settled by insurance companies. The presence of a knowledgeable lawyer on board can help to ensure that you recover the maximum 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. An attorney can help determine who was at fault for the accident and seek compensation from the party responsible.

A lawyer can also make sure that your claim will cover all of your expenses and losses. They will consider your future and present costs of living as well as emotional and physical stress. They will also take into account the impact of your injuries on your quality of life.

In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) if the negligent driver was not insured or carried the minimum amount required by the law. This option is discussed with an attorney.

It is essential to choose an experienced and knowledgeable auto accident lawyer. Their education and experience puts them in a better position to get you what you're entitled to. Your lawyer will let the insurer of the defendant know that you're willing to take on the case. This usually leads to an increase in the settlement offer.