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New York Auto Accident Law

A lawyer for car accidents is your advocate, making sure your side of the story is presented. He or she will negotiate with the insurance company and argue your case the presence of a judge or jury, if needed.

Some states have a tort liability system while others have no-fault laws or auto insurance. There are strict time limits known as statutes which must be followed.

Fault

Determining fault is an essential aspect of the legal and insurance claims process. In certain instances, such as rear-end collisions or similar circumstances, it may seem obvious, but in many other cases, it's not. The state laws and facts of each case are used to determine the fault. Certain states employ pure comparative negligence, where the percentage of fault you have in an accident determines what damages you are able to claim.

Even if you're found to be more than 51% accountable there's a the chance to recover some of the damages you suffered 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 to cover the cost of their injuries even if they're found partially accountable for the incident.

It's normal to be angry and try to blame someone else for an accident. This can lead to costly errors and result in negative consequences. A skilled lawyer can assist you in avoiding these traps and get the answers you require quickly and accurately.

Damages

Damages are compensations that compensate a victim for the financial losses they suffered as a result of a third party's negligence actions. This kind of compensation can pay for a variety losses, including medical costs in addition to lost wages or income, and even vehicle property damage. A lawyer for car accidents will scrutinize invoices, receipts and other financial documents in order to determine the amount of damages you're due.

Non-economic damages can be difficult to quantify and can include intangible damages such as pain and suffering. Insurance companies are known to undervalue this type of compensation. It is imperative to speak with an experienced and knowledgeable tort lawyer to ensure that your damages have been properly assessed.

In New York, if you suffered serious injuries, auto accident or if the losses you suffered exceeded the limits of your insurance policy the possibility exists for you to avoid the no-fault system and sue for all your non-economic and economic damages which includes pain and suffering. New York is a state that uses comparative negligence, so your claim will be reduced by the proportion of blame you're assigned. A knowledgeable lawyer will be able to maximize your claim for damages.

Statute of limitations

In a car accident case, the statute of limitations is the amount of time you are required to sue to recover damages. Typically, it is three years however it may vary based on the kind of lawsuit as well as the state's laws.

Statutes of limitations are essential as they ensure that any claim filed in court is properly investigated before the deadline runs out. After that it could be difficult to locate witnesses. Physical artifacts, such as tires and debris may disappear or erode and public records could be lost.

Witnesses also tend to forget important details with the passage of time. For example it is not reasonable to expect eyewitnesses to recall specific details regarding an accident in a car that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too quickly after the incident, because it could influence the jury. It is crucial to contact a New York auto accident law firm accident lawyer as soon as possible and begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance compensates the policyholder's as well as their passengers' economic losses, regardless of fault. This kind of insurance is also known as 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 an amount of compensation for victims injured by an uninsured or underinsured driver or in a hit and run accident. UM/UIM is typically provided in the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is protected under Bodily Injury liability if they are sued by a third party for damages, including property damage and medical bills. Third parties can also assert injury and pain that are severe enough. However, the majority of third-party claims are resolved through insurance companies. A competent lawyer can help you to recover the maximum amount of damages.

Contact an Attorney

Car accidents can be stressful and costly, from vehicle damages to medical bills to lost wages. A lawyer can assist you determine whose fault the accident was, and obtain compensation from the party responsible.

A lawyer can also make sure that your claim includes all your losses and expenses. They will consider your current and future expenses, as along with physical and emotional stress. They will also take into account the effects of your injuries on your quality of life.

In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) if the negligent driver was not insured, or only carried the minimum amount that is required by law. An attorney can advise you of this option.

It is important to work with an experienced auto accident lawyer. Their experience and training puts them in a stronger position to negotiate for the settlement you deserve. The insurance company of the defendant will be aware that your attorney is willing to fight the case which can lead to a higher settlement offer.