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New York Auto Accident Law

A lawyer for car accidents is your advocate, ensuring your side of the story is presented. auto accident lawsuit torrance will present your case to a judge and jury, if needed, and negotiate with the insurance company.

Some states adhere to a tort liability system that is traditional and others have no fault or add on auto insurance laws. There are still time limits known as statutes which must be followed.

Fault


Determining fault is an essential part of the legal and insurance claims process. In certain cases, such as rear-end collisions, or other similar situations, it may seem simple, but in other instances, it’s not. The state laws and facts of each case are used to determine the fault. Certain states have pure comparative fault, where your proportion of the fault determines how much of your damages can be recovered.

Even if you’re found to be more than 51% responsible, you may still have an opportunity to recover some of your damages with additional coverage, such as MedPay or PIP policies. Some states also apply modified comparative negligence. These laws allow injured motorists to make use of their own insurance coverage to pay costs, even if they are found to be partially responsible in the accident.

It’s normal to be angry and feel the need to blame someone else following an accident. However, this could result in costly errors in the future. A skilled lawyer can help you avoid these pitfalls and get the answers you require quickly and efficiently.

Damages

Damages are compensations that pay a victim for financial losses they have suffered because of a negligent actions. This type of compensation may be used to cover a variety of losses, like medical expenses, lost wages or income and vehicle property damage. A lawyer for car accidents will look over receipts, invoices and other financial documents to accurately determine the amount of damages you’re entitled to.

Non-economic damages are more difficult to quantify and typically include intangible damage like pain and suffering. Insurance companies are known to undervalue this type of compensation. It is crucial to speak with an experienced and knowledgeable lawyer in torts to ensure that your damages have been properly valued.

In New York, if you suffered serious injuries, or if your losses surpassed the policy limits it is possible to avoid the no-fault system and sue for all of your economic and non-economic damages as well as pain and suffering. However, as New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributed to you. A skilled attorney will be able to maximize the damages you are able to recover.

Statute of Limitations

In the event of a car crash the statutes of limitation are the time frames you are allowed to sue for damages. This can vary from three to five years based on the type and state of the lawsuit.

Statutes of limitations are crucial in that they ensure that any claim filed in court is investigated properly prior to the time limit expires. After that time it might be difficult to locate witnesses. Physical artifacts like debris and tire marks could disappear or erode and public records could be misplaced.

Witnesses also tend to forget crucial details with the course of time. It’s unreasonable to think that eyewitnesses would recall all the details of a car crash that took place 15 years ago. A statute of limitations also prohibits plaintiffs from seeking legal action too quickly after an incident because it could prejudice the jury against them. This is why it’s always crucial to speak with a New York car accident lawyer and begin the process as soon as it is possible.

Insurance

New York law requires all drivers to carry insurance for their cars. This type of insurance is designed to cover the policyholder and their passengers for financial losses 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 an amount of compensation for victims injured by an uninsured or uninsured driver or in a hit-and-run accident. UM/UIM coverage is typically provided with a minimum limit of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they’re sued by a third-party for damages, like 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 knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly that range from car damage to medical bills to lost wages. A lawyer can assist in determining who is responsible for the accident and seek compensation from the responsible party.

A lawyer can also make sure that your claim is inclusive of all expenses and losses. They will take into account the present and future financial costs as along with physical and emotional anxiety. They will also take into account the impact of your injuries on your quality-of-life.

In New York, if the negligent driver did not have insurance or only the minimum amount required by law, you could be able to claim compensation under your own insurance policy’s uninsured motorist coverage (UM). An attorney can advise you of this possibility.

It is essential to choose an experienced lawyer for auto accidents. Their education and experience puts them in a stronger position to get you what you’re entitled to. Your attorney will let the insurer of the defendant know that you’re willing to take on the case. This can lead to an increase in the settlement amount.