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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 argue your case to a judge or jury, if necessary, and negotiate with the insurance company.


Certain states have an tort liability system while others have no-fault or auto insurance laws. There are still strict time limitations known as statutes which must be followed.

Fault

The determination of fault is a vital aspect of the legal and insurance claims process. In certain situations, like rear-end collisions, or other similar situations, it could seem evident, but in other cases, it's not. The state laws and the facts of each instance are used to determine the extent of fault. Certain states employ pure comparative negligence, where the percentage of fault you are responsible for in an accident determines what damages you are able to claim.

Even if you're determined to be more than 51% responsible there's a the possibility of recovering some of your losses through additional coverage such as MedPay or PIP policies. In addition, some states have modified comparative fault. auto accident law firm fargo allow injured motorists to use their own insurance to cover expenses even if they're found partially responsible for the collision.

In the aftermath of an accident, it's normal to feel a bit shaken up and to feel the need to blame the other person. However, this could result in costly mistakes over the long term. A competent lawyer will help you avoid these mistakes and give you the answers you require quickly and precisely.

Damages

Damages are the compensations given to pay victims for financial losses incurred by another party's negligence. This kind of compensation can be used to pay for a variety of losses, including medical costs and lost wages, income, as well as vehicle property damage. A skilled attorney for car accidents will examine invoices, receipts, and other financial documents to determine the exact amount of special damages you're due.

Non-economic damages are often difficult to quantify and include intangible damages like pain and suffering. This type of compensation is often subject to devaluation by insurance providers and it is crucial that you consult a skilled tort lawyer to ensure your damages are valued fairly.

In New York, if you suffered serious injuries, or if the losses you suffered exceeded the policy limits the possibility exists for you to evade the no-fault system and pursue for all of your non-economic and economic damages including suffering and pain. However, because New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. A competent lawyer will strive to maximize the amount of damages.

Statute of Limitations

In a case involving a car crash, the statute of limitations is the time frame you have to seek damages. This can vary from three years to five depending on the nature and status of the lawsuit.

Statutes of limitations are important because they ensure that claims filed in court can be properly investigated before the deadline is up. After this time it could be impossible to find witnesses. Physical artifacts like debris and tire marks could disappear or get eroded, and public records might be misplaced.

Witnesses are also prone to lose important information with the passage of time. It would be unreasonable to believe that eyewitnesses can recall all the details of a crash that took place 15 years ago. A statute of limitation prohibits plaintiffs from bringing a suit too quickly after the incident, because it may unfairly disadvantage the jury. This is why it's important to speak with a New York car accident lawyer and start the process as soon as it is possible.

Insurance

New York law requires all drivers to have insurance on their vehicles. This type of insurance is designed to pay the policyholder and their passengers for their economic losses in the event of an accident, regardless of who was responsible for the fault. This is also known 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 insurance compensates victims who are injured due to uninsured, overinsured, or hit-and-run motorists. UM/UIM coverage is usually provided with a limit of $25,000 per person or $50,000 per accident.

The policyholder is covered by Bodily Injury liability when the third party sues them for damages such as medical bills or property damage. Third parties can also file claims for pain and suffering for injuries that are severe enough. However, the majority of third party claims are settled through insurance companies. The presence of a knowledgeable lawyer on board can ensure that you receive the maximum amount of damages available to you.

Contact an attorney

Car accidents are stressful and expensive. From vehicle damage to medical bills to lost wages and even lost wages, they can be expensive. A lawyer can assist you determine who is responsible for the accident was, and seek compensation from the person responsible.

A lawyer will also ensure that your claim is inclusive of all your expenses and losses. They will look at your present and future financial expenses as well as the physical and emotional stress you are experiencing. Additionally, they will take into account the impact that your injuries have affected your quality of life.

In New York, if the negligent driver did not have insurance or carried only the minimum amount required by law, you might be able to collect under your insurance policy's uninsured motorist coverage (UM). An attorney can assist you with this option.

It is important to work with an experienced car accident attorney. Their experience and training puts them in a better position to secure the compensation you're entitled to. The defendant's insurer will know that your attorney is willing to try the case, which often leads to an increased settlement offer.

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