New York Auto Accident Law
A car accident lawyer is your advocate, ensuring your side of the story is presented. He or she will argue your case to a judge and jury, if necessary, and bargain with the insurance company.
Some states follow a tort liability system that is traditional while others do not have any fault or add on auto insurance laws. There are still strict time limitations known as statutes which must be followed.
Fault
Finding out who is to blame is a crucial element of the insurance and legal claims process. In some cases, like rear-end collisions, or other similar circumstances, it may appear obvious, but in many other instances, it's not. The state laws and facts of each case are used to determine the extent of fault. Certain states have pure comparative fault. In this case, your percentage of fault determines how much of your damage you can claim.
Even if you're found be more than 51% accountable however, you might still have the chance to recover some of the damages you suffered with additional insurance like MedPay or PIP policies. Some states also apply modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to cover expenses, even if are found partially at fault for the crash.
It's normal to be upset and feel the need to blame someone else following an accident. This can lead to costly mistakes and could have a negative effect. A competent lawyer can help you avoid these traps and get the answers that you require quickly and precisely.
Damages
Damages are monetary payments that compensate a victim for the financial losses they have suffered due to another party's negligent actions. The type of compensation offered can cover a wide range of losses, such as medical expenses, lost wages or income and property damage to vehicles. A competent lawyer for car accidents will scrutinize invoices, receipts, and other financial records to determine precisely the amount of damages you are owed.
Non-economic damages are harder to quantify and often comprise intangible losses like pain and suffering. Insurance companies are known for devaluing this kind of compensation. It is crucial to speak with an experienced and knowledgeable lawyer in torts to ensure that your damages have been appropriately valued.
In New York, if you suffered serious injuries, or if your losses exceeded the policy limits, you may be able to get out of the no-fault system and sue for all of your non-economic and economic damages including pain and suffering. New York is a state which uses comparative negligence so your recovery will be reduced by the proportion of blame you're given. A skilled attorney will do everything to maximize the damages you can recover.
Statute of Limitations
In the event of a car wreck, the statutes of limitations are the period of time you have to sue for damages. Typically, this is three years however it may vary depending on the type of lawsuit and state laws.
Statutes of limitation are vital, as they ensure that any claim filed in court is properly investigated before the deadline runs out. After this time, it may be too late to identify witnesses, physical evidence such as tire marks and debris may disappear or be eroded, and public records can be misplaced.
As time passes, witnesses also tend to forget important details. For instance it would be untrue to expect eyewitnesses to recall the details of an accident in a car that occurred 15 years ago. A statute of limitations forbids plaintiffs from filing a lawsuit too late after the accident, because it may unfairly prejudice the jury against them. It's important to contact a New York auto accident lawyer as quickly as you can in order to begin the process.
Insurance
All drivers in New York are required by law to have car insurance. This type of insurance is designed to compensate the policy holder and their passengers for economic losses if they are involved in an accident, regardless of who was the cause of the accident. This is known as no fault insurance or Personal Injury Protection (PIP).
In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of insurance provides the victim with compensation if they are injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM is typically available in the amount of $25,000 for a person and $50,000 per accident.
The policyholder is protected under Bodily Injury liability if an outside party sues them for damages, including medical bills and property damage. Third parties may also make claims for suffering and pain in cases where the injury was serious enough to warrant. However, auto accident law firm hemet of third party claims are resolved through insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you recover the full amount of damages that are available to you.
Contact an attorney
Car accidents can be stressful and costly, from vehicle damage to medical bills to lost wages. An attorney can help determine whose fault the accident was, and obtain compensation from the person responsible.
A lawyer can also make sure that your claim will cover the totality of your losses and expenses. They will take into account your current and future financial burdens and your emotional and physical distress. In addition, they'll consider the impact that your injuries have had on your life quality.
In New York, if the negligent driver was not covered by insurance or had only the minimum amount required by law, you might be able to recover under your policy's uninsured motorist coverage (UM). An attorney can advise you of this option.
It is important to hire an experienced attorney for auto accidents. Their education and experience puts them in better position to secure you the compensation you deserve. Your attorney will let the defendant's insurance company know that you are willing to take on the case. This often leads to an increase in the settlement offer.