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New York Auto Accident Law

An attorney for car accidents is your advocate and will ensure that your side of the story gets heard. He or she will argue your case to a judge or jury, if needed and negotiate with the insurance company.

Some states follow the tort liability system as it is in common practice and others have no fault or add on auto insurance laws. In any case, there are strict time limitations, referred to as statutes of limitation that must be adhered to.

Fault

Determining fault is a crucial aspect of the legal and insurance claims process. In certain cases, such as rear-end collisions, or other similar situations, it could seem straightforward, but in other instances, it’s not. Fault is determined based on state laws and the facts of each case. Some states use pure comparative negligence. In this case, the proportion of blame you owe in an accident determines the damages you can claim.

Even if you’re determined to be more than 51% accountable however, you might still have an opportunity to recover some of the damages you suffered with additional coverage such as MedPay or PIP policies. In addition, some states apply modified comparative responsibility. These laws allow injured motorists to use their own insurance to cover their expenses even if they’re partly accountable for the incident.

It’s normal to be upset and try to blame someone else for an accident. This can result in costly mistakes and cause a negative impact. A good lawyer can help you avoid these mistakes and will provide the information you need quickly and with precision.

Damages

Damages are compensations offered to compensate victims for financial losses incurred due to the negligence of another person. This kind of compensation can be used to pay for a variety of losses, including medical costs, lost wages or income and property damage to vehicles. A competent lawyer for car accidents will scrutinize invoices, receipts, and other financial documents to calculate accurately the amount of damages you’re owed.

Non-economic damages are often difficult to quantify and include intangible damages like pain and suffering. Insurance companies are known to undervalue this type of compensation. It is important to speak with an experienced and knowledgeable tort lawyer to ensure that your damages have been fairly assessed.

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 escape the no-fault system, and sue for all of your non-economic and economic damages including pain and suffering. New York is a state that has a system of comparative negligence, so your claim will be reduced according to the percentage of blame you are assigned. A knowledgeable lawyer will strive to maximize the damages you are entitled to.

Statute of Limitations

In a car accident, the statutes of limitations are the time limits you can sue for damages. Typically, it is three years, but may differ depending on the nature of lawsuit and state laws.

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

Witnesses also tend to lose important information with the passage of time. For example it would be untrue to expect witnesses to remember detailed information about an accident in a car that occurred 15 years ago. A statute of limitations also restricts plaintiffs from seeking legal action too quickly after an incident because it would unfairly prejudice the jury against them. This is why it’s important to speak with a New York car accident lawyer and start the process as soon as you can.


Insurance

All drivers in New York are required by law to carry insurance for their cars. This type of insurance is designed to cover the policyholder and their passengers for economic losses 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 pays victims who are injured due to uninsured, underinsured 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 for damages, like medical bills or property damage. auto accident lawsuit tampa can also file a claim for pain and suffering in cases where the injury was serious enough to warrant it. However, the majority of third party claims are resolved through insurance companies. The presence of a knowledgeable lawyer on board can ensure that you recover the full amount of damages available to you.

Contact an Attorney

Car accidents are stressful and costly. From car damage to medical costs to lost wages and even lost wages, they can be expensive. A lawyer can help determine who was at fault for the accident and seek compensation from the responsible party.

A lawyer can also ensure that your claim is inclusive of all of your expenses and losses. They will consider your financial expenses as in addition to physical and emotional anxiety. They will also consider the impact of your injuries on your quality of life.

In New York, you may be eligible for compensation under your policy’s uninsured motorist coverage (UM) in the event that the negligent driver was not insured or carried the minimum amount required by the law. An attorney can help you understand this option.

It is important to work with an experienced lawyer for auto accidents. Their training and expertise puts them in a better position to obtain the compensation you’re entitled to. Your attorney will let the insurer of the defendant know that you’re willing to accept the case. This can lead to an increase in the settlement amount.