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New York Auto Accident Law


A car accident lawyer is your advocate, ensuring your side of the story is heard. The lawyer will present your case to a judge or jury, if needed, and bargain with the insurance company.

Certain states have an tort liability system while others have no-fault or auto insurance laws. Regardless, there are still strict time limits known as statutes of limitation that have to be adhered to.

Fault

Finding out who is to blame is an essential element of the insurance and legal claims process. In certain cases, such as rear-end collisions, or other similar situations, it could appear straightforward, but in others, it is not. Fault is determined based on state laws and the facts of each incident. Some states use pure comparative negligence, where the percentage of fault you have in an accident determines the damages you are able to claim.

Even if you’re found to be more than 51% accountable, you may still have the possibility of recovering some of your damages with additional insurance like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to pay costs, even if they are found partially at fault for the crash.

After an accident, it’s common to be shaken up and want to blame the other person. This can result in costly mistakes and can cause a negative impact. A skilled lawyer can help you avoid these pitfalls and provide the information you require quickly and precisely.

Damages

Damages are the compensations given to compensate victims of financial losses caused through the negligence of a third party. This type of compensation may be used to pay for a variety of losses, like medical costs as well as lost wages or income and vehicle property damage. A car accident lawyer will review receipts, invoices and other financial documents in order to calculate how much damages you’re entitled to.

Non-economic damages can be difficult to quantify, and include intangible losses like pain and suffering. Insurance companies are known to devalue this type of compensation. It is important to consult a skilled tort lawyer to ensure that your damages have been fairly valued.

If you have suffered serious injuries or if your losses exceed the policy limits in New York, you may be able to get around the no-fault laws and sue for non-economic and financial damages, including pain and suffering. New York is a state which uses comparative negligence so your claim will be reduced according to the percentage of blame you’re given. A skilled attorney will work hard to maximize the amount you are able to recover.

auto accident attorneys laredo of limitations

In the event of a car crash, the statute of limitations is the period in which you are required to bring a lawsuit to recover damages. Typically, it is three years but can vary depending on the type of lawsuit and the state’s laws.

Statutes of limitation are vital because they ensure that any claim made in court is properly investigated before the deadline expires. After that time it could be impossible to locate witnesses. Physical artifacts such as tire marks and other debris could disappear or get eroded and public records could be misplaced.

As time passes, witnesses tend to forget important details. It is not reasonable to believe that eyewitnesses can recall all the details of a crash that occurred 15 years ago. A statute of limitations prohibits plaintiffs from bringing a suit too late after the accident, because it could influence the jury. This is why it’s essential to speak with a New York car accident lawyer and start the process as soon as possible.

Insurance

New York law requires all drivers to have car insurance. This type of insurance is designed to cover the policy holder and their passengers for economic losses in the event of an accident, regardless of who was responsible for the fault. This is also 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 insurance covers victims who are injured by uninsured, underinsured, or hit-and-run drivers. UM/UIM coverage is typically offered with a minimum of $25,000 per person or $50,000 per accident.

Bodily Injury Liability covers the policyholder if they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also claim injury and pain that are serious enough. However, most third party claims are settled through insurance companies. A skilled lawyer can help you recover the maximum amount of damages.

Contact an Attorney

Car accidents can be stressful and expensive that range from car damage to medical bills to lost wages. A lawyer can help identify who was responsible for the accident and seek compensation from the responsible party.

A lawyer can also guarantee that your claim will cover all your losses and expenses. They will consider your current and potential financial costs as well as your emotional and physical distress. In addition, they’ll take into consideration the impact your injuries have had on your life quality.

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

It is essential to choose an experienced auto accident lawyer. Their training and expertise puts them in a better position to negotiate for the settlement you deserve. Your attorney will let the defendant’s insurance company know that you are willing to take on the case. This can lead to an increased settlement offer.