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New York Auto Accident Law
A car accident lawyer is your advocate, making sure your side of the story is heard. He or she will argue your case to a judge and 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. But, there are strict time limits, commonly referred to as statutes of limitations which must be observed.
Fault
Determining who is at fault is an essential aspect of the insurance and legal process of claiming. It might appear obvious in some instances such as rear-end collisions, but often it is not the case. The degree of fault is determined by state laws and the facts of each instance. Certain states have pure comparative fault, in which your percentage of the accident determines the amount of damages can be recovered.
If you're found to be more than 51% accountable and liable, you could still have a a chance to collect certain damages through additional insurance like MedPay or PIP policies. Some states also apply modified comparative negligence. These laws allow injured drivers to make use of their own insurance to cover the cost of their injuries even if they're deemed partially responsible for the collision.
It's normal to be angry and try to blame someone else after an accident. However, this could backfire and lead to costly mistakes in the end. A competent lawyer can help you avoid these mistakes and get the answers you require quickly and accurately.
Damages
Damages are monetary compensations that compensate victims for financial loss caused by another party's negligence. This kind of compensation can be used to cover a variety of losses, such as medical costs loss of income or wages and vehicle property damage. A car accident lawyer will review invoices, receipts, and other financial documents to accurately calculate how much damages you're entitled to.
Non-economic damages are harder to quantify and usually include intangible harms such as pain and suffering. This kind of compensation is frequently subject to devaluation by insurance providers and it is essential to consult with a knowledgeable tort lawyer to ensure your damages are appropriately valued.
In New York, if you suffered serious injuries or if the losses you suffered exceeded the limits of your insurance policy you may be able to get out of the no-fault system and pursue for all your economic and non-economic damages, including pain and suffering. New York is a state that has a system of comparative negligence, so your claim will be reduced according to the percentage of blame you're given. A competent lawyer will do everything to maximize your claim for damages.
Statute of Limitations
In the event of a car wreck the statutes of limitation are the time frames you are allowed to sue for damages. It can range from three to five years depending on the nature and status of the lawsuit.
Statutes of limitation are important because they ensure that claims in court can be investigated properly before the deadline is up. After that time, it may be impossible to locate witnesses. Physical artifacts such as tire marks and other debris could disappear or erode and public records could be misplaced.
Witnesses also tend to forget important details with the passage of time. For example, it would be unreasonable to expect witnesses to remember specific details regarding a car accident that occurred 15 years ago. A statute of limitations also restricts plaintiffs from bringing legal action too soon after an incident as it would unfairly prejudice the jury against them. It's important to contact an New York auto accident lawyer as soon as possible and start the process.
Insurance
New York law requires all drivers to carry insurance for their cars. This type of insurance is designed to compensate the policy holder and their passengers for economic losses if they are involved in an accident, regardless of who was responsible for 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 insurance covers victims who have been injured by uninsured, overinsured, or hit-and-run drivers. UM/UIM is typically provided in the amount of $25,000 for a person and $50,000 per accident.
Bodily Injury Liability covers the policyholder if they're sued by a third party for damages, such as medical bills or property damage. Third parties can also bring claims for pain and suffering in cases where the injury was serious enough to warrant it. The majority of third party claims, however are settled by insurance companies. Employing a competent lawyer to the table can ensure that you are able to recover the full amount of damages that are 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. An attorney can help determine who is responsible for the accident was, and obtain compensation from the party responsible.
auto accident lawyer warwick can also guarantee that your claim covers all your losses and expenses. They will take into account your current and future financial costs as well as emotional and physical stress. They will also consider the effects of your injuries on your life quality.
In New York, if the negligent driver didn't have insurance or only carried the minimum amount required by law, you could be able recover the amount under your policy's uninsured motorist coverage (UM). An attorney can provide you with this possibility.
It is important to work with an experienced lawyer for auto accidents. Their training and experience put them in a better position to get you the compensation you deserve. Your attorney will let the insurers of the defendants know that you're willing to accept the case. This usually results in an increase in settlement offers.
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