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New York Auto Accident Law
A lawyer who handles car accidents is your advocate, ensuring your side of the story is told. They will present your case to a judge or jury, if needed, and negotiate with the insurance company.
Some states adhere to a traditional tort liability system and some have no fault or add to the auto insurance laws. There are still strict time limitations known as statutes that must be adhered to.
Fault
The determination of who is at fault is a critical aspect of the insurance and legal claims process. It may appear obvious in some instances like rear-end collisions but generally it's not. The state laws and facts of each case are used to determine the extent of fault. auto accident attorney fontana employ pure comparative negligence, where the proportion of blame you owe in an accident determines the damages you can claim.
If you're found to be more than 51% responsible however, you might still have an opportunity to recover certain damages through additional coverage such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured motorists to utilize their own insurance to pay for expenses even if they're found partially responsible for the collision.
Following an accident, it's normal to feel a bit shaken up and want to blame another person. This can lead to costly errors and have a negative effect. A good lawyer can help you avoid these pitfalls and get the answers that you require quickly and precisely.
Damages
Damages are compensations made to compensate victims for financial loss caused by another party's negligence. The type of compensation offered can be used to cover a variety of losses, like medical expenses, lost wages or income and vehicle property damage. A car accident lawyer will review invoices, receipts and other financial documents to calculate how much damages you're due.
Non-economic damages are harder to quantify, and often comprise intangible losses like pain and suffering. This type of compensation is frequently subject to devaluation by insurance providers and it is critical that you consult a knowledgeable tort attorney to ensure that your damages are properly valued.
If you've suffered serious injuries or losses that exceed the limits of insurance coverage in New York, you may be able to get around the no-fault law and sue for non-economic and economic damages including pain and suffering. New York is a state which uses comparative negligence which means that your compensation will be reduced depending on the percentage of blame you're assigned. A competent lawyer will do everything to maximize your recovery for damages.
Statute of Limitations
In the event of a car crash, the statute of limitations is the time frame you are required to sue to recover damages. It can range from three to five years based on the type and state of the lawsuit.
Statutes of limitations are crucial as they ensure that any claim made in court is investigated properly before the deadline expires. After this time, it may be too late for witnesses, physical evidence like debris and tire marks can disappear or be destroyed, and public records can be misplaced.
As the years pass, witnesses tend to forget important details. It's not realistic to expect that eyewitnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitations also prevents plaintiffs from taking legal action too early after an incident as it will unfairly prejudice a jury against them. It is crucial to contact an New York auto accident lawyer as early as you can to start the process.
Insurance
All drivers in New York are required by law to carry car insurance. This type of insurance compensates the policyholder's and their passengers' financial losses, regardless of the fault. This is 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 coverage compensates victims who are injured by uninsured, underinsured or hit-and-run drivers. UM/UIM coverage is usually provided with a minimum amount of $25,000 per person or $50,000 per accident.
Bodily Injury Liability protects the policyholder in case they are sued by a third-party for damages, such as medical bills or property damage. Third parties may also make claims for suffering and pain in cases where the injury was serious enough to warrant it. The majority of third-party claims, however are settled by insurance companies. Bringing a skilled lawyer to the table can ensure that you get the entire amount of damages that are available to you.
Contact an attorney
Car accidents can be stressful and costly. From car injuries to medical costs to lost wages, they can be costly. A lawyer can help identify who was at fault for the accident and pursue compensation from the responsible party.
A lawyer can also make sure that your claim is inclusive of all of your expenses and losses. They will look at your present and future financial expenses, as well as your physical and emotional distress. In addition, they will take into account the impact your injuries have affected your quality of life.
In New York, if the negligent driver didn't have insurance or only the minimum amount required by law, you may be able to collect under your insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney.
It is important to hire an experienced attorney for auto accidents. Their training and experience put them in an ideal position to get you the money you need. The insurer of the defendant will know that your lawyer is willing to pursue the case, which can lead to an increase in settlement offers.
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