The 9 Things Your Parents Teach You About Auto Accident Lawyer

New York Auto Accident Law

A car accident attorney is your advocate and will ensure that your side of the story is heard. He or she will present your case to a judge or jury, if necessary, and negotiate with the insurance company.

Certain states have the tort liability system, while others have no-fault laws or auto insurance. In any case, there are strict time limits, commonly referred to as statutes of limitation that must be adhered to.

Fault

Finding out who is to blame is a crucial aspect of the insurance and legal claims process. In certain cases, such as rear-end collisions or similar circumstances, it may seem evident, but in 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 proportion of fault you are responsible for in an accident determines the damages you are able to claim.

Even if your fault is determined to be higher than 51%, you could still collect some of the injuries you've suffered as a result of additional policies such as MedPay and PIP. Additionally, certain states apply modified comparative responsibility. These laws allow injured motorists to use their own insurance to cover the cost of their injuries even if they're partly responsible for the collision.

It's normal for people to be upset and feel the need to blame someone else following an accident. However, doing so can backfire and result in costly mistakes in the end. A competent lawyer can help you avoid these mistakes and get the answers you need quickly and accurately.

Damages

Damages are the compensations given to compensate victims for financial losses incurred through the negligence of a third party. This type of compensation can pay for a variety losses, including medical costs in addition to lost wages or income, as well as vehicle property damage. A car accident lawyer will examine invoices, receipts and other financial documents in order to determine the amount of special damages you're owed.

Non-economic damages are often difficult to quantify, and can include intangible damages such as pain and suffering. This type of compensation is often subject to devaluation by insurance companies and it is imperative that you consult a knowledgeable lawyer to ensure that your damages are valued fairly.

In New York, if you suffered serious injuries or if the losses you suffered exceeded the limits of your insurance policy it is possible to get out of the no-fault system, and sue for all your economic and non-economic damages which includes pain and suffering. However, as New York is a comparative negligence state, your recovery will be reduced by the percentage of fault assigned to you. A knowledgeable lawyer will do everything to maximize your compensation for damages.

Statute of limitations

In a case involving a car crash the statute of limitation is the period in which you have to pursue a lawsuit in order to recover damages. Typically, it is three years but can differ depending on the nature of lawsuit as well as the state's laws.

Statutes of limitation are vital, as they ensure that any claim filed in court is investigated properly before the deadline is up. After this period it could be too late to identify witnesses, physical artifacts like the marks of tires and debris could disappear or become eroded, and public records can be lost.

Witnesses also tend to forget crucial details with the passage of time. It is not reasonable to believe that eyewitnesses can recall all the details of a car crash that took place 15 years ago. A statute of limitations also stops plaintiffs from filing legal action too soon after an incident, as it would unfairly prejudice the jury against them. It is important to speak with an New York auto accident lawyer as soon as possible and begin the process.

Insurance

New York law requires all drivers to have car insurance. This type of insurance compensates the policyholder's and their passengers' financial losses, regardless of the fault. 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 who are injured due to uninsured, overinsured, or hit-and-run motorists. UM/UIM is typically provided in the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is protected by Bodily Injury liability if a third-party sues them for damages such as medical bills or property damage. Third parties can also claim injury and pain that are severe enough. The majority of third-party claims, however they are settled by insurance companies. The presence of a knowledgeable lawyer on board can ensure that you receive the entire amount of damages available to you.

Contact an Attorney

Car accidents are stressful and costly. From vehicle damages to medical expenses to lost wages they can be costly. An attorney can help determine the person responsible for the accident and pursue compensation from the responsible party.

A lawyer can also ensure that your claim is inclusive of all of your expenses and losses. They will take into account the present and future costs of living as well as emotional and physical distress. Additionally, they will consider the impact your injuries have caused 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 may be able to collect under your own insurance policy's uninsured motorist coverage (UM). An attorney can provide you with this possibility.

It is crucial to find an experienced auto accident lawyer. Their training and experience put them in an ideal position to get you the compensation you deserve. Your lawyer will let the defendant's insurance company know that you are willing to accept the case. This can lead to an increased settlement offer.