New York Auto Accident Law
A lawyer for car accidents is your advocate and will ensure that your account of the incident is heard. He or she will present your case to a judge or jury, if needed, and negotiate with the insurance company.
Some states use a tort liability system that is traditional and some states have no fault or add on auto insurance laws. However, there are strict time limits, also known as statutes of limitations that have to be adhered to.
Fault
The determination of who is at fault is a critical part of the insurance and legal process of claiming. In certain instances, such as rear-end collisions, or other similar situations, it may appear simple, but in others, it is not. The degree of fault is determined by state laws and the facts of each instance. Some states use pure comparative negligence, where the percentage of fault you have in an accident determines what damages you are entitled to claim.
Even if you're determined to be more than 51% accountable, you may still have the chance to recover certain damages through additional insurance like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured motorists to utilize their own insurance coverage to pay costs, even if they are found partially at fault in the accident.
In the aftermath of an accident, it's normal to feel a bit shaken up and to feel the need to blame another person. This can lead to costly errors and could result in negative consequences. A skilled lawyer can help you avoid these traps and help you get the answers you require quickly and efficiently.
Damages
Damages are monetary payments that help a victim to make up for the financial losses they suffered because of another's negligent actions. This type of compensation can be used to cover a variety of losses, such as medical costs, missed wages or income, and vehicular property damage. A lawyer for car accidents will review invoices, receipts, and other financial documents to calculate how much damages you're entitled to.
Non-economic damages are harder to quantify and often include intangible damages like pain and suffering. This type of compensation is frequently subject to devaluation by insurance companies and it is critical that you consult a skilled tort attorney to ensure that your damages are properly valued.
If you have suffered serious injuries or losses exceed the policy limits in New York, you may be able escape the no-fault law by suing for both economic and noneconomic damages, such as pain and suffering. But, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault attributable to you. A knowledgeable lawyer will do everything to maximize the amount of damages.
Statute of Limitations
In a car accident case the statute of limitations is the time frame you are required to sue to recover damages. Typically, it is three years but can differ depending on the nature of lawsuit and the state's laws.
Statutes of limitation are vital in that they ensure that any claim made in court is properly investigated before the deadline expires. After this period, it may be too late to identify witnesses, physical evidence such as tires marks and debris can disappear or be destroyed, and public records may be misplaced.
Witnesses also have a tendency to forget key details over the course of time. For example it's not realistic to expect witnesses to remember detailed information about the car crash that occurred 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too soon after the incident, as it could unfairly prejudice the jury against them. auto accident attorneys downey is why it's important to consult with a New York car accident lawyer and begin the process as soon as you can.
Insurance
New York law requires all drivers to have car insurance. This type of insurance pays the policyholder's as well as their passengers' economic losses, regardless of fault. This kind 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 insurance policy provides compensation if a victim is injured by an uninsured or underinsured driver or in a hit and run accident. UM/UIM is typically available in the minimum limit of $25,000 per person and $50,000 per accident.
Bodily Injury Liability protects the policyholder if they're sued by a third party for damages, like medical bills or property damage. Third parties can also file claims for pain and suffering in cases where the injury was serious enough to warrant. Most third-party claims, however, are settled by insurance companies. A skilled lawyer can help you to recover the maximum amount of damages.
Contact an Attorney
Car accidents can be stressful and costly. From car damages to medical expenses to lost wages they can be costly. A lawyer can help determine who is responsible for the accident was, and then seek compensation from the person responsible.
A lawyer will also ensure that your claim is inclusive of all your losses and expenses. They will consider the present and future financial expenses as also physical and emotional stress. In addition, they will take into account the impact your injuries have had on your life quality.
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 had the minimum amount of insurance required by the law. An attorney can help you understand this option.
It is essential to partner with a seasoned attorney for car accidents. Their training and experience put them in the best position to obtain you the amount you're entitled to. The insurer of the defendant will know that your lawyer is prepared to try the case, which can lead to an increase in settlement offers.