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New York Auto Accident Law

A car accident lawyer is your advocate, ensuring your side of the story is presented. He or she will discuss your case with the insurance company and argue your case front of a judge and jury if necessary.


auto accident attorneys detroit have the tort liability system, while others have no-fault or auto insurance laws. However, there are strict time limitations, referred to as statutes or limitations that must be observed.

Fault

Finding out who is to blame is a critical part of the insurance as well as legal process of claiming. It might appear obvious in certain cases, such as rear-end collisions, but usually it’s not the case. The degree of fault is determined by state laws and the facts of each instance. Some states use pure comparative negligence, in which the percentage of fault you have in an accident determines what damages you are able to claim.

Even if your fault is determined to be more than 51%, you could still claim some damage you’ve sustained through additional policies like MedPay and PIP. In addition, some states use modified comparative blame. These laws allow injured motorists to utilize their own insurance coverage to cover costs, even if they are found to be partially responsible for the crash.

After an accident, it’s common to be shaken up and want to point the finger at someone else. However, doing so can cause costly mistakes in the end. A good lawyer can help you avoid these mistakes and help you get the answers you require quickly and efficiently.

Damages

Damages are monetary payments that pay a victim for financial losses they experienced as a result of a third party’s negligence actions. The type of compensation offered can be used to cover a variety of losses, like medical expenses, lost wages or income and damage to property of vehicles. A skilled lawyer for car accidents will examine invoices, receipts and other financial documentation to accurately calculate the amount of damages you’re owed.

Non-economic damages are harder to quantify and often include intangible damage such as pain and suffering. This kind of compensation is frequently subject to devaluation by insurance providers and it is essential that you consult a skilled tort lawyer to ensure your damages are appropriately valued.

If you’ve suffered serious injuries or if the losses exceed the limits of insurance coverage in New York, you may be able to escape the no-fault law and file a lawsuit for non-economic and economic damages, such as pain and suffering. However, because New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributed to you. A knowledgeable lawyer will work hard to maximize your claim for damages.

Statute of Limitations

In the event of a car wreck the statutes of limitation are the period of time that you must sue to recover damages. This can vary from three years to five depending on the nature and condition of the lawsuit.

Statutes of limitation are important because they guarantee that claims brought in court will be investigated properly before the deadline expires. After that time it could be difficult to find witnesses. Physical artifacts, such as tires and debris may disappear or become eroded and public records could be misplaced.

As the years pass, witnesses tend to forget important details. It’s not realistic to think that eyewitnesses would recall all the details of a crash that took place 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too early after the incident since it could disadvantage the jury. It is crucial to contact an New York auto accident lawyer as soon as possible and begin the process.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance covers the policyholder and their passengers’ financial losses regardless of the cause. This type of insurance is 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 of insurance offers compensation to victims injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM coverage is typically provided with a minimum of $25,000 per person or $50,000 per accident.

The policyholder is protected by Bodily Injury liability if an outside party sues them for damages, including medical bills or property damage. Third parties may also make a claim for pain and suffering when the injury is severe enough to warrant. Third-party claims are, however, the majority they are resolved by insurance companies. Employing a competent lawyer on board can ensure that you recover the maximum amount of damages available to you.

Contact an attorney

Car accidents are stressful and expensive. From car damage to medical costs to lost wages, they can be costly. An attorney can help determine who’s fault the incident was, and obtain compensation from the person responsible.

A lawyer can also ensure that your claim will cover all of your losses and expenses. They will look at your present and future financial costs in addition to your emotional and physical distress. They will also consider the effects of your injuries on your quality-of-life.

In New York, if the negligent driver was not covered by insurance or carried only the minimum amount required by law, you may be able recover the amount under your insurance policy’s uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is crucial to hire a professional attorney for car accidents. Their experience and training put them in better position to secure you the compensation you deserve. The insurance company of the defendant will be aware that your lawyer is prepared to fight the case which can lead to an increased settlement offer.