New York Auto Accident Law

A lawyer for car accidents is your advocate, ensuring your side of the story is presented. He or she will negotiate with the insurance company and then present your case front of a judge and jury, if needed.

Some states use an old tort liability system while others do not have any fault or add to the aurora auto accident law firm insurance laws. There are still strict time limitations known as statutes that must be adhered to.

Fault

Determining who is at fault is an essential part of the insurance as well as legal claims process. In certain instances, such as rear-end collisions and other similar situations, it could appear obvious, but in many other instances, it's not. The determination of fault is based on state laws and the facts of each instance. Some states use pure comparative negligence, in which the percentage of blame you owe in an accident determines what damages you can claim.

Even if your fault is determined to be more than 51%, you can still claim some damages you have suffered with supplemental policies like MedPay and PIP. In addition, some states apply modified comparative fault. These laws allow injured motorists to utilize their own insurance coverage to cover costs, even if are found partially at fault in the accident.

In the aftermath of an accident, it's common to be shaken up and want to point the finger at someone else. However, doing so can backfire and lead to costly errors in the future. A good lawyer can assist you in avoiding these traps and provide the information you require quickly and with precision.

Damages

Damages are monetary compensations that pay victims for financial losses caused through the negligence of a third party. This type of compensation may be used to pay for a variety of losses, including medical costs as well as lost wages or income and damage to property of vehicles. A car accident lawyer will scrutinize receipts, invoices and other financial documents to accurately calculate how much damages you're entitled to.

Non-economic damages are more difficult to quantify, and often include intangible damages like pain and suffering. This kind of compensation is often subject to devaluation by insurance providers and it is imperative that you consult a knowledgeable tort attorney to ensure that your damages are properly valued.

If you've suffered severe injuries or if your losses exceed the policy limits in New York, you may be able to get around the no-fault law and sue for your economic and noneconomic damages, including pain and suffering. New York is a state which uses comparative negligence therefore your claim will be reduced by the proportion of blame you're given. A competent lawyer will be able to maximize your recovery for damages.

Statute of Limitations

In a car accident the statutes of limitation are the time limits you have to sue for damages. This can vary from three years to five depending on the type and state of the lawsuit.

Statutes of limitation are important, as they ensure that any claim filed in court is investigated properly before the deadline runs out. After this time it could be too late for witnesses, physical evidences such as debris and tire marks can disappear or become eroded, and public records can be misplaced.

Witnesses also have a tendency to forget key details over the passage of time. It's not realistic to expect that eyewitnesses could recall all the details of a car crash that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from taking legal action too early after an incident as it will unfairly prejudice a jury against them. It is crucial to contact a New York auto accident lawyer as soon as you can and begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance covers the policyholder's as well as their passengers' financial losses regardless of fault. This type of insurance is also 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 injured by uninsured, underinsured, or hit-and-run motorists. UM/UIM is typically provided in the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is liable under Bodily Injury liability in the event that the third party sues them for damages, including medical bills or property damage. Third parties can also claim the pain and suffering of injuries that are serious enough. The majority of third-party claims, however are resolved by insurance companies. A skilled lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly, from vehicle damage to medical bills to lost wages. A lawyer can assist you determine who is responsible for the accident was, and seek compensation from the party responsible.

A lawyer can also ensure that your claim is inclusive of all of your expenses and losses. They will consider your current and future costs of living as in addition to physical and emotional stress. Additionally, they will take into account the impact that your injuries have affected your quality of life.

In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured or only carried the minimum amount legally required. This option is discussed with an attorney.

It is important to work with an experienced attorney for Waxahachie auto accident lawyer accidents. Their training and expertise puts them in a stronger position to secure the compensation you're entitled to. Your lawyer will let the insurers of the defendants know that you are willing to take on the case. This can lead to an increased settlement offer.