New York Auto Accident Law
A car accident lawyer is your advocate, ensuring your side of the story is told. He or she will present your case to a judge or jury, if necessary and bargain with the insurance company.
Certain states have an old tort liability system and some states have no fault or add on auto insurance laws. There are still time limits known as statutes that must be adhered to.
Fault
Determining fault is a crucial element of the legal and insurance claims process. It may seem obvious in some cases such as rear-end collisions. However, often it is not. The degree of fault is determined by state laws and the facts of each instance. Certain states have pure comparative fault. In this case, your proportion of the fault determines how much of your damages can be recovered.
Even if you're determined to be more than 51% responsible however, you might still have a chance to collect some of the damages you suffered with additional coverage, such as MedPay or PIP policies. Certain states also use modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to cover expenses, even if they are found to be partially responsible for the incident.
In the aftermath of an accident, it's normal to be shaken up and want to blame the other person. However, doing so can cause costly mistakes in the end. A good lawyer can assist you in avoiding these traps and will provide the information you require quickly and with precision.
Damages
Damages are compensations offered to pay victims for financial losses caused by the negligence of another party. This kind of compensation can cover a wide range of losses, like medical costs as well as lost wages or income and damage to property of vehicles. A car accident lawyer will review invoices, receipts and other financial documents to accurately calculate how much damages you're due.
Non-economic damages are harder to quantify, and often include intangible damages such as pain and suffering. Insurance firms are known to devalue this type of compensation. It is imperative to consult a skilled tort attorney to make sure that your damages have been fairly valued.
In New York, if you suffered serious injuries, or if your losses surpassed the policy limits, you may be able to avoid the no-fault system by suing for all your economic and non-economic damages which includes suffering and pain. New York is a state which uses comparative negligence so your claim will be reduced based on the percentage of blame you are assigned. A skilled lawyer will strive to maximize your compensation for damages.
Statute of limitations
In the case of a car accident, the statute of limitations is the time frame you have to pursue a lawsuit in order to recover damages. It can range from three to five years depending on the nature and status of the lawsuit.
Statutes of limitations are essential, as they ensure that any claim filed in court is properly investigated before the deadline runs out. After that time it might be difficult to locate witnesses. Physical artifacts such as tire marks and other debris could disappear or become eroded and public records could be misplaced.
As time passes, witnesses tend to forget important information. For instance, it would be unreasonable to expect eyewitnesses to recall detailed information about a car accident that occurred 15 years ago. A statute of limitations prohibits plaintiffs from bringing a suit too early after the incident as it could unfairly disadvantage the jury. It's important to contact a New York auto accident lawyer as soon as you can and start the process.
auto accident attorneys fullerton in New York are required by law to carry car insurance. This type of insurance covers the policyholder's and their passengers' economic losses, regardless of the fault. This type of insurance is 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 insurance covers victims who have been injured by uninsured, insufficiently insured, or hit-and-run motorists. UM/UIM is typically offered in minimum limits of $25,000 per person and $50,000 per accident.
Bodily Injury Liability covers the policyholder in the event that they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also file claims for pain and suffering if the injury was severe enough to warrant it. However, the majority of third-party claims are settled through insurance companies. A competent lawyer can help you to recover the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and expensive in all aspects, from vehicle damage to medical bills to lost wages. A lawyer can help you determine who the primary cause of the accident was, and seek compensation from the responsible party.
A lawyer can also ensure that your claim includes all of your expenses and losses. They will take into account your future and present financial costs as well as emotional and physical distress. They will also consider the effects of your injuries on your quality of life.
In New York, if the negligent driver didn't have insurance or had only the minimum amount required by law, you may be able to recover under your policy's uninsured motorist coverage (UM). An attorney can provide you with this option.
It is important to hire an experienced auto accident lawyer. Their knowledge and training puts them in a better position to get you the money you deserve. The defendant's insurer will know that your lawyer is prepared to fight the case which is often the reason for a higher settlement offer.