Fawn Villegas asked 2 months ago
New York auto accident law firm Accident Law
An attorney who handles car accidents is your advocate and will ensure that your side of the story gets heard. They will present your case to a judge and jury, if needed, and bargain with the insurance company.
Certain states have a tort liability system that is traditional and others have no fault or add on auto insurance laws. But, there are strict time limits, commonly referred to as statutes of limitations which have to be adhered to.
Fault
Determining who is at fault is an important part of the insurance and legal claims process. It might appear obvious in some instances like rear-end collisions but generally it is not the case. The degree of fault is determined by state laws and the facts of each incident. Certain states have pure comparative fault, where your proportion of the cause determines the amount of damages can be recovered.
Even if you’re found be more than 51% accountable however, you might still have an opportunity to recover some of your damages with additional coverage, such as MedPay or PIP policies. Some states also apply modified comparative negligence. These laws permit injured motorists to utilize their own insurance coverage to cover expenses, even if they are found partially at fault for the crash.
It’s normal to be upset and want to blame someone else following an accident. This can lead to costly mistakes and can have a negative impact. A good lawyer can assist you in avoiding these traps and provide the information you require quickly and efficiently.
Damages
Damages are payments made to compensate a victim for the financial losses they suffered because of a negligent actions. This kind of compensation could cover a wide range of losses, like medical expenses, lost wages or income and vehicle property damage. A skilled attorney for car accidents will look over receipts, invoices, and other financial documents to calculate accurately the amount of damages you’re due.
Non-economic damages are harder to quantify and often include intangible damage such as pain and suffering. Insurance companies are known to undervalue this type 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 losses exceed the limits of insurance coverage in New York, you may be able escape the no-fault law by suing for non-economic and economic damages, such as pain and suffering. New York is a state that has a system of comparative negligence, so your claim will be reduced by the proportion of blame you are assigned. A knowledgeable lawyer will work hard to maximize your recovery for damages.
Statute of limitations
In the event of a car crash the statute of limitation is the period in which you have to sue to recover damages. Typically, this is three years however it may differ depending on the nature of lawsuit and state laws.
Statutes of limitations are important because they ensure that claims made in court can be properly investigated before the deadline elapses. After that it could be difficult to locate witnesses. Physical artifacts like tire marks and other debris could disappear or become eroded, and public records might be misplaced.
Witnesses are also prone to lose important information with the course of time. For instance it would be untrue to expect eyewitnesses to recall the details of a car accident that occurred 15 years ago. A statute of limitations prevents plaintiffs from bringing a lawsuit too early after the incident because it may unfairly bias the jury against them. It is important to speak with a New York Auto accident law firm accident lawyer as quickly as you can in order to begin the process.
Insurance
New York law requires all drivers to carry insurance for their cars. This type of insurance compensates the policyholder’s and their passengers’ economic losses, regardless of fault. This kind of insurance is also called Personal Injury Protection (PIP) or no-fault insurance.
In addition to PIP, auto accident law firm most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of insurance provides compensation to victims injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM coverage is usually offered with a minimum limit of $25,000 per person or $50,000 per accident.
Bodily Injury Liability covers the policyholder if they are sued by a third-party for damages, like medical bills or property damage. Third parties can also assert pain and suffering for injuries that are severe enough. The majority of third party claims, however, are resolved by insurance companies. A skilled lawyer can help you get the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and costly with everything from vehicle damage to medical bills to lost wages. An attorney can help determine the person responsible for the accident and pursue compensation from the responsible party.
A lawyer can also ensure that your claim includes the totality of your losses and expenses. They will consider your current and future financial burdens and your physical and emotional distress. They will also consider the effects of your injuries on your quality of life.
In New York, you may be eligible for compensation under your insurance’s Uninsured Motorist coverage (UM) if the negligent driver was not insured or had the minimum amount of insurance legally required. An attorney can assist you with this possibility.
It is essential to hire a professional car accident attorney. Their training and expertise puts them in a better position to negotiate for the settlement you’re entitled to. Your lawyer will let the defendant’s insurance company know that you’re willing to accept the case. This can lead to an increase in the settlement offer.