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New York Auto Accident Law

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

Some states use the tort liability system as it is in common practice and some states have no fault or add on auto insurance laws. There are still strict time limitations known as statutes that must be adhered to.

Fault

Finding out who is to blame is an important part of the insurance and legal claims process. It might seem obvious in certain instances, such as rear-end collisions, but usually it is not. The state laws and facts of each case are used to determine fault. Certain states have pure comparative fault, in which your percentage of fault determines how much of your damage you can claim.

Even if your culpability is found to be greater than 51%, you could still recover some losses you’ve suffered through additional policies such as MedPay and PIP. Some states also allow modified comparative negligence. These laws permit injured drivers to use their own insurance to pay for expenses even if they’re partly responsible for the accident.

After an accident, it’s normal to be shaken up and to want to blame another person. However, this could backfire and result in costly errors in the future. A good lawyer can assist you in avoiding these traps and get the answers that you require quickly and efficiently.

Damages

Damages are compensations made to compensate victims for financial losses caused by the negligence of another party. This kind of compensation can be used to pay for a variety of losses, including medical expenses, lost wages or income and property damage to vehicles. A competent lawyer for car accidents will look over receipts, invoices, and other financial documentation to determine the exact amount of special damages you’re owed.

Non-economic damages are more difficult to quantify and often comprise intangible losses such as pain and suffering. This kind of compensation is frequently subject to devaluation by insurance providers and it is imperative to consult with a knowledgeable attorney in torts to ensure that your damages are properly valued.

If you’ve suffered severe injuries or if the losses exceed the policy limits in New York, you may be able to escape the no-fault law by suing for non-economic and economic damages including pain and suffering. However, as New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault attributable to you. 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 limitations is the time limit you have to pursue a lawsuit in order to recover damages. This can vary from three to five years depending on the nature and status of the lawsuit.

Statutes of limitations are important because they ensure that any claims brought in court will be properly investigated before the deadline elapses. After this time, it may be too late for witnesses, physical evidence such as the marks of tires and debris could disappear or be eroded, and public records could be misplaced.

As time passes, witnesses also tend to forget important information. For instance it would be untrue to expect eyewitnesses to recall detailed information about an accident in a car that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a suit too quickly after the incident, since it could influence the jury. This is why it’s crucial to speak with a New York car accident lawyer and begin the process as soon as possible.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance is designed to cover the policy holder and their passengers for their economic losses if they are involved in an accident regardless of who was the cause of the accident. This is referred to 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 compensation if a victim is injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM coverage is typically provided with a limit of $25,000 per person or $50,000 per accident.

The policyholder is protected under Bodily Injury liability when an outside party sues them for damages, such as medical bills or property damage. Third parties may also make a claim for suffering and pain if the injury was severe enough to warrant it. However, the majority of third-party claims are settled through insurance companies. A skilled lawyer can help you to recover the maximum amount of damages.

Contact an attorney

Car accidents are stressful and costly. From vehicle injuries to medical costs to lost wages, they can be costly. A lawyer can assist in determining the person responsible for the accident and seek compensation from the responsible party.

A lawyer can also make sure that your claim covers all of your expenses and losses. They will take into account your current and future financial burdens, as well as your emotional and physical distress. In addition, they will take into consideration the impact your injuries have had on your life quality.

In New York, if the negligent driver did not have insurance or carried only the minimum amount required by law, you may be able to recover under your own insurance policy’s uninsured motorist coverage (UM). auto accident lawyer lauderhill is discussed with an attorney.

It is important to hire an experienced and knowledgeable auto accident lawyer. Their experience and training puts them in a stronger position to get you what you deserve. The insurer of the defendant will know that your attorney is willing to fight the case which usually results in an offer of a higher settlement.