New York Auto Accident Law
A car accident lawyer is your advocate, making sure your side of the story is presented. They will negotiate with the insurance company and present your case in front of a judge and jury, if needed.
Certain states have a tort liability system, while others have no-fault or
winter park auto accident lawsuit insurance laws. In any case, there are strict time limits known as statutes of limitations that must be followed.
Fault
The process of determining fault is an essential part of the legal and insurance claims process. In some cases, like rear-end collisions and other similar situations, it may seem obvious, but in many other instances, it's not. The state laws and the facts of each case are used to determine the extent of fault. Some states apply pure comparative negligence. the percentage of blame you owe in an accident determines what damages you are entitled to claim.
Even if you're found to be more than 51% responsible there's a a chance to collect some of your losses through additional coverage, such as MedPay or PIP policies. Additionally, certain states have modified comparative fault. These laws allow injured motorists to utilize their own insurance to pay for expenses even if they're partially accountable for the incident.
It's normal to be angry and feel the need to blame someone else after an accident. This can lead to costly errors and could result in negative consequences. A competent lawyer will help you avoid these mistakes and provide the answers you need quickly and accurately.
Damages
Damages are payments made to compensate victims for financial losses they have suffered due to another party's negligent actions. This type of compensation may be used to cover a variety of losses, including medical costs and lost wages, income and damage to property of vehicles. A skilled car accident lawyer will look over invoices, receipts and other financial records to accurately calculate the amount of damages you are owed.
Non-economic damages are harder to quantify and typically comprise intangible losses such as pain and suffering. Insurance companies are known for devaluing this type of compensation. It is essential to consult a skilled tort attorney to make sure that your damages have been properly valued.
If you've suffered serious injuries or losses exceed the policy limits in New York, you may be able escape the no-fault law and file a lawsuit for your economic and noneconomic damages, including pain and suffering. New York is a state that relies on comparative negligence therefore your claim will be reduced by the proportion of blame you're assigned. A competent attorney will do everything to maximize the damages you are entitled to.
Statute of limitations
In a case involving a car crash the statute of limitations is the time limit you are required to bring a lawsuit to recover damages. Typically, this is three years, but it can differ depending on the nature of
lawsuit as well as the state's laws.
Statutes of limitations are essential because they ensure that claims filed in court can be investigated properly before the deadline runs out. After this period, it may be too late to find witnesses, physical evidences such as tire marks and debris may disappear or be eroded, and public records can be lost.
As time passes, witnesses tend to forget important information. It's unreasonable to expect that eyewitnesses could recall all the details of a accident that occurred 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too late after the accident, since it could disadvantage the jury. This is why it's essential to speak with a New York car accident lawyer and start the process as soon as possible.
Insurance
All drivers in New York are required by law to have car insurance. This type of insurance compensates the policyholder and their passengers' economic losses, regardless of the 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 of coverage provides an amount of compensation for victims injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident.
The policyholder is covered by Bodily Injury liability when the third party sues them for damages such as property damage and medical bills. Third parties can also file claims for suffering and pain when the injury is severe enough to warrant. However, most third-party claims are resolved through insurance companies. Bringing a skilled lawyer to the table can ensure that you recover the entire amount of damages available to you.
Contact an Attorney
Car accidents are stressful and costly. From vehicle damage to medical bills to lost wages They can be costly. An attorney can help determine who the primary cause of the accident was, and seek compensation from the person responsible.
A lawyer can also make sure that your claim will cover your entire expenses and losses. They will consider the present and future costs of living as along with physical and emotional stress. In addition, they will take into consideration the impact your injuries have had on your life quality.
In New York, you may be eligible for compensation under your policy's Uninsured Driver coverage (UM) when the negligent driver was not insured or had the minimum amount of insurance legally required. This option can be discussed with an attorney.
It is crucial to choose a seasoned lawyer for car accidents. Their education and experience puts them in a better position to get you the amount you're entitled to. The defendant's insurer will know that your attorney is willing to pursue the case, which often leads to an increase in settlement offers.
