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New York Auto Accident Law

An attorney who handles car accidents is your advocate and will ensure that your side of the story is told. They will negotiate with the insurance provider and argue your case front of a judge and jury if necessary.

Certain states have a tort liability system that is traditional and some states have no fault or add to the auto insurance laws. In any case, there are strict time limits, also known as statutes of limitations which must be adhered to.

Fault

Determining who is responsible is a crucial part of the insurance as well as legal claims process. In some cases, like rear-end collisions or similar circumstances, it may appear straightforward, but in others, it is not. The determination of fault is based on state laws and the specific facts of each case. Some states use pure comparative negligence. In this case, the percentage of fault you are responsible for in an accident determines what damages you can claim.

Even if you’re determined to be more than 51% accountable there’s a an opportunity to recover some of your losses through additional insurance like MedPay or PIP policies. In addition, some states apply modified comparative responsibility. These laws allow injured drivers to use their own insurance to pay for expenses even if they’re found partially responsible for the accident.

It’s normal to be angry and try to blame someone else after an accident. This can lead to costly mistakes and have a negative effect. A competent lawyer can help you avoid these mistakes and help you get the answers you require quickly and efficiently.

Damages

Damages are compensations offered to compensate victims of financial losses caused through the negligence of a third party. The type of compensation offered can cover a variety of losses, like medical costs and lost wages, income and damage to property of vehicles. A lawyer for car accidents will review invoices, receipts and other financial documents to accurately calculate how much damages you’re entitled to.

Non-economic damages are more difficult to quantify, and often include intangible harms like pain and suffering. This kind of compensation is often subject to devaluation by insurance providers and it is critical that you consult a skilled tort lawyer to ensure your damages are valued fairly.

In New York, if you suffered serious injuries or if your losses were greater than the limits of your insurance policy, you may be able to evade the no-fault system by suing for all your economic and non-economic damages including suffering and pain. New York is a state that uses comparative negligence, so your claim will be reduced by the proportion of blame you are assigned. An experienced attorney will work hard to maximize the damages you are entitled to.

Statute of Limitations

In a car accident case, the statute of limitations is the time frame you have to seek damages. This can vary from three to five years depending on the nature and the state of the lawsuit.

Statutes of limitation are important as they ensure that claims made in court can be properly investigated prior to the deadline expires. After that time it could be impossible to locate witnesses. Physical artifacts like debris and tire marks could disappear or get eroded, and public records might be lost.

Witnesses also have a tendency to forget key details over the course of time. For instance, it would be unreasonable for eyewitnesses to be expected to recall the details of the car crash that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from taking legal action too early following an incident since it could unfairly prejudice the jury against them. This is why it’s always 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 carry insurance for their cars. This type of insurance is designed to compensate the policy holder and their passengers for their financial losses in an accident, regardless of who was at fault. This type 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 of coverage compensates victims who are injured due to uninsured, overinsured, or hit-and-run motorists. UM/UIM coverage is usually offered with a minimum amount of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they’re sued by a third party to recover damages, such as medical bills or property damage. Third parties can also assert suffering and pain for injuries that are serious enough. However, the majority of third-party claims are settled through insurance companies. A skilled lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents are stressful and expensive. From vehicle damage to medical costs to lost wages They can be costly. A lawyer can assist you determine who the primary cause of the accident was, and seek compensation from the party responsible.

A lawyer can also guarantee that your claim includes all of your losses and expenses. They will take into account your current and future financial costs in addition to your physical and emotional distress. Additionally, they will consider the impact that your injuries have affected 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 carried the minimum amount legally required. auto accident law firm tallahassee can assist you with this option.

It is essential to choose an experienced and knowledgeable auto accident lawyer. Their knowledge and training puts them in the best position to obtain you the money you need. The insurance company of the defendant will be aware that your lawyer is willing to take on the case, which often leads to an increase in settlement offers.