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New York Auto Accident Law

A lawyer who handles car accidents is your advocate, making sure your side of the story is told. They will present your case to a judge and jury, if necessary and negotiate with the insurance company.

Certain states have 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 which must be followed.

Fault

Finding out who is to blame is a critical part of the insurance and legal process of claiming. It may appear obvious in some instances, such as rear-end collisions but generally it's not the case. The determination of fault is based upon state laws and the facts of each case. Certain states employ pure comparative negligence, where the percentage of blame you owe in an accident determines the damages you can claim.

Even if the fault determined to be higher than 51%, you might still recover some damage you've sustained through supplemental policies like MedPay and PIP. Additionally, certain states have modified comparative fault. These laws allow injured motorists to use their own insurance coverage to pay expenses, even if they are found partially at fault for the crash.

It's normal for people to be upset and feel the need to blame someone else for an accident. However, doing so can backfire and result in costly errors in the future. A skilled lawyer can help you avoid these mistakes and get the answers you require quickly and efficiently.

Damages

Damages are compensations made to compensate victims for financial losses incurred through the negligence of a third party. This kind of compensation can be used to pay for a variety of damages, including medical expenses and lost wages, income, and even vehicle property damage. A skilled car accident lawyer will examine receipts, invoices, and other financial documentation to determine the exact amount of damages you are owed.

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

In auto accident attorneys evansville , if you suffered serious injuries, or if your losses surpassed the limits of your insurance policy it is possible to evade the no-fault system, and sue for all your non-economic and economic damages as well as pain and suffering. But, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault assigned to you. A competent lawyer will strive to maximize the damages you are entitled to.

Statute of Limitations

In a car accident case the statute of limitation is the amount of time you have to sue to recover damages. This can vary from three years to five years, based on the nature and status of the lawsuit.

Statutes of limitations are crucial as they ensure that any claim made in court is properly investigated before the deadline runs out. After this time it could be difficult to locate witnesses. Physical artifacts such as debris and tire marks could disappear or become eroded and public records could be lost.

Witnesses also tend to lose important information with the passage of time. For example it is not reasonable to assume that eyewitnesses will recall specific details about a car accident that occurred 15 years ago. A statute of limitations also stops plaintiffs from filing legal action too soon following an incident since it could unfairly prejudice the jury against them. It is essential to contact a New York auto accident lawyer as soon as possible and start the process.

Insurance

New York law requires all drivers to have insurance on their vehicles. This type of insurance is designed to reimburse the policy holder and their passengers for their economic losses in the event of an accident regardless of who was the cause of the accident. This kind 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 insurance provides the victim with compensation if they are injured by an uninsured or underinsured motorist or in a hit and run accident. UM/UIM coverage is usually provided with a minimum amount of $25,000 per person or $50,000 per accident.





Bodily Injury Liability protects the policyholder in the event that they are sued by a third-party for damages, including medical bills or property damage. Third parties can also bring a claim for suffering and pain in cases where the injury was serious enough to warrant it. Third-party claims are, however, the majority they are resolved by insurance companies. A skilled lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and expensive. From car damages to medical expenses to lost wages they can be costly. A lawyer can assist you determine who's fault the incident was, and obtain compensation from the party responsible.

A lawyer can also make sure that your claim covers your entire expenses and losses. They will look at your present and future financial burdens and your physical and mental distress. In addition, they will consider the impact your injuries have affected your life quality.

In New York, if the negligent driver didn't have insurance or had only the minimum amount required by law, you may be able to claim compensation under your own policy's uninsured motorist coverage (UM). An attorney can help you understand this option.

It is essential to choose an experienced auto accident lawyer. Their experience and training put them in an ideal position to get you the money you need. The insurer of the defendant will know that your lawyer is willing to take on the case, which usually results in a higher settlement offer.