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New York Auto Accident Law
A car accident lawyer is your advocate, ensuring your side of the story is presented. He or she will present your case to a judge or jury, if necessary, and bargain with the insurance company.
Some states use a traditional tort liability system and some states have no fault or add to the auto insurance laws. There are strict time limits known as statutes that must be adhered to.
Fault
Determining fault is an essential element of the legal insurance claims process. It may seem obvious in some cases like rear-end collisions, but usually it is not. The state laws and facts of each case are used to determine the extent of fault. Some states have absolute comparative fault. This means that your proportion of the cause determines how much of your damages you are able to recover.
Even if your fault is discovered to be greater than 51%, you might still collect some of the losses you've suffered through additional policies such as MedPay and PIP. In addition, some states apply modified comparative fault. These laws allow injured drivers to use their own insurance to cover their expenses even if they're found partially at fault for the crash.
In the aftermath of an accident, it's normal to be shaken up and to want to point the finger at the other person. However, doing so can result in costly mistakes in the end. A competent lawyer will help you avoid these mistakes and provide the answers you need 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 could be used to pay for a variety of losses, such as medical costs, lost wages or income and property damage to vehicles. auto accident lawyer laguna niguel for car accidents will examine receipts, invoices and other financial documents to accurately calculate how much damages you're entitled to.
Non-economic damages can be difficult to quantify and may include intangible damage such as pain and suffering. Insurance companies are known for devaluing this kind of compensation. It is essential to consult a skilled tort lawyer to ensure that your damages have been properly valued.
If you have suffered serious injuries or if your losses exceed the policy limits in New York, you may be able to escape the no-fault laws and sue for your economic and noneconomic injuries, including pain and. New York is a state that has a system of comparative negligence, so your claim will be reduced by the proportion of fault you are assigned. An experienced attorney will work hard to maximize the damages you are entitled to.
Statute of Limitations
In the case of a car accident the statute of limitations is the period in which you can seek damages. It can range from three to five years based on the nature and the state of the lawsuit.
Statutes of limitations are crucial in that they ensure that any claim filed in court is investigated properly prior to the time limit expires. After that time it could be difficult to find witnesses. Physical artifacts, such as tires and debris may disappear or be destroyed and public records could be misplaced.
As time passes, witnesses also tend to forget important information. For example it would be untrue to assume that eyewitnesses will recall detailed information about a car accident that occurred 15 years ago. A statute of limitations also stops plaintiffs from bringing legal action too soon following an incident since it would unfairly prejudice the jury against them. It's important to contact a New York auto accident lawyer as quickly as you can in order to start the process.
Insurance
All drivers in New York are required by law to have car insurance. This type of insurance compensates the policyholder's and passengers' financial losses, regardless of the person's fault. This type 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 insurance offers compensation to victims injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM is usually offered with the minimum limit of $25,000 per person and $50,000 per accident.
Bodily Injury Liability covers the policyholder if they're sued by a third-party for damages, like medical bills or property damage. Third parties may also be able to claim the pain and suffering of injuries that are severe enough. However, the majority of third-party claims are resolved through insurance companies. A skilled lawyer can assist you recover the maximum amount of damages.
Contact an Attorney
Car accidents can be stressful and costly that range from car damage to medical bills to lost wages. A lawyer can help determine whose fault the accident was and seek compensation from the responsible party.
A lawyer will also ensure that your claim covers all your expenses and losses. They will look at your present and potential financial costs as well as your emotional and physical distress. In addition, they will take into consideration the impact your injuries have had on your quality of life.
In New York, you may be able to claim compensation under your policy's uninsured motorist coverage (UM) if the negligent driver wasn't insured or carried the minimum amount required by law. An attorney can advise you of this option.
It is important to hire an experienced auto accident lawyer. Their education and experience puts them in a stronger position to obtain the compensation you deserve. Your lawyer will inform the insurers of the defendants know that you are willing to take on the case. This can lead to an increase in the settlement amount.
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