New York auto accident attorney Accident Law

An attorney who handles car accidents is your advocate and will make sure that your part of the story is heard. They will present your case to a judge and jury, if necessary and negotiate with the insurance company.

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

Fault

Determining fault is a crucial element of the legal and insurance claims process. It might appear obvious in some instances, such as rear-end collisions. However, often it is not. The state laws and the facts of each case are used to determine fault. Certain states have pure comparative fault, where your percentage of fault determines the amount of damages can be recovered.

If you're found to be more than 51% accountable, you may still have a chance to collect some of the damages you suffered with additional coverage such as MedPay or PIP policies. In addition, some states use modified comparative blame. These laws permit injured motorists to make use of their own insurance coverage to pay expenses, even if they are found partially at fault in the accident.

Following an accident, it's normal to feel a bit shaken up and to feel the need to point the finger at another person. This can lead to costly mistakes and can cause a negative impact. A competent lawyer can help you avoid these mistakes and provide the information you require quickly and efficiently.

Damages

Damages are compensations offered to pay victims for financial losses caused by the negligence of another party. This type of compensation may cover a variety of losses, including medical expenses loss of income or wages and damage to property of vehicles. A lawyer for car accidents will scrutinize invoices, receipts and other financial documents to calculate how much 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 for devaluing this kind of compensation. It is crucial to speak with a seasoned lawyer in torts to ensure that your damages have been properly valued.

In New York, if you suffered serious injuries or if your losses surpassed the policy limits the possibility exists for you to avoid the no-fault system, and sue for all of your non-economic and economic damages which includes suffering and pain. However, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault that is assigned to you. A competent lawyer will work hard to maximize your recovery for damages.

Statute of Limitations

In the case of a car accident the statute of limitations is the time frame you must seek damages. Typically, it is three years however it may differ based on the type of lawsuit and the state's laws.

Statutes of limitation are important, as they ensure that any claim filed in court is investigated properly before the deadline expires. After that time it could be too late for witnesses, physical evidence such as debris and tire marks can disappear or get eroded and public records may be lost.

Witnesses also tend to forget crucial details with the course of time. For instance it would be untrue to assume that eyewitnesses will recall specific details regarding an automobile accident that happened 15 years ago. A statute of limitation prohibits plaintiffs from filing a lawsuit too early after the incident because it could influence the jury. This is why it's important to consult with a New York car accident lawyer and begin the process as soon as you can.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to compensate the policy holder and their passengers for their economic losses in the event of an accident, regardless of who was responsible for the 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 insurance covers victims who are injured by uninsured, underinsured or hit-and-run motorists. UM/UIM is typically available in the amount of $25,000 for a person and $50,000 per accident.

Bodily Injury Liability covers the policyholder if they are sued by a third party for damages, including medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are serious enough. However, most third party claims are resolved through insurance companies. The presence of a knowledgeable lawyer on board can ensure that you are able to recover the entire amount of damages available to you.

Contact an attorney

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

A lawyer can also guarantee that your claim includes all your expenses and losses. They will take into account the present and future costs of living as also physical and emotional distress. They will also take into account the effects of your injuries on your life quality.

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

It is crucial to find an experienced lawyer for auto accidents. Their education and experience puts them in a better position to negotiate for the settlement you're entitled to. The defendant's insurer will know that your lawyer is willing to take on the case, which usually results in an offer of a higher settlement.