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New York Auto Accident Law

An attorney for car accidents is your advocate and will ensure that your account of the incident is told. He or she will present your case to a judge and jury, if necessary and bargain with the insurance company.

Some states adhere to an old tort liability system while others do not have any fault or add on auto insurance laws. Regardless, there are still strict time limits, commonly referred to as statutes of limitations which have to be adhered to.

Fault

The process of determining fault is an essential part of the legal and insurance claims process. It may seem obvious in some cases, such as rear-end collisions, but usually it's not the case. The state laws and facts of each case are used to determine fault. Some states apply pure comparative negligence, where the proportion of fault you bear in an accident determines what damages you can claim.

Even if you're determined to be more than 51% accountable however, you might still have an opportunity to recover certain damages through supplemental coverage like MedPay or PIP policies. Certain states also have modified comparative negligence. auto accident attorney lakeland allow injured motorists to utilize their own insurance to cover the cost of their injuries even if they're found partially responsible for the accident.

It's normal to feel upset and try to blame someone else for an accident. However, doing so can backfire and result in costly errors in the future. A good lawyer can help you avoid these mistakes, and provide you with the answers you need quickly and with precision.

Damages

Damages are compensations that compensate victims for financial losses they experienced because of another's negligent actions. This type of compensation could pay for a variety damages, including medical expenses in addition to lost wages or income, and even vehicle property damage. A car accident lawyer will scrutinize invoices, receipts, and other financial documents in order to determine the amount of special damages you're owed.

Non-economic damages are more difficult to quantify and typically comprise intangible losses such as pain and suffering. Insurance companies are known for devaluing this kind of compensation. It is essential to speak with an experienced and knowledgeable lawyer in torts to ensure that your damages are fairly assessed.

In New York, if you suffered serious injuries, or if your losses were greater than the policy limits you may be able to evade the no-fault system and sue for all your economic and non-economic damages as well as pain and suffering. However, because New York is a comparative negligence state, your claim will be reduced by the percentage of fault that is assigned to you. A knowledgeable attorney will work hard to maximize the damages you can recover.

Statute of Limitations

In the event of a car wreck the statutes of limitations are the time frames you can sue for damages. This can vary from three to five years based on the nature and condition of the lawsuit.

Statutes of limitations are crucial in that they ensure that any claim made in court is properly investigated prior to the time limit expires. After that time, it may be too late to find witnesses, physical evidences such as tire marks and debris may disappear or get eroded and public records can be lost.

Witnesses also have a tendency to forget key details over the course of time. It is not reasonable to assume that witnesses could recall all the details of a crash that occurred 15 years ago. A statute of limitation prohibits plaintiffs from bringing a lawsuit too soon after the incident, because it may unfairly bias the jury against them. It is essential to contact an New York auto accident lawyer as early as you can to begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance pays the policyholder's and passengers' economic losses regardless of fault. This type of insurance is also called 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 pays victims who have been injured by uninsured, underinsured, or hit-and-run drivers. UM/UIM coverage is usually provided with a minimum of $25,000 per person or $50,000 per accident.

The policyholder is liable under Bodily Injury liability when the third party sues them for damages, such as property damage and medical bills. Third parties may also make claims for suffering and pain in cases where the injury was serious enough to warrant it. However, the majority of third party claims are settled through insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you receive the full amount of damages available to you.

Contact an attorney

Car accidents are stressful and costly. From car damages to medical expenses to lost wages They can be costly. An attorney can help determine who was responsible for the accident and pursue compensation from the responsible party.

A lawyer can also ensure that your claim will cover the totality of your losses and expenses. They will consider the present and future costs of living as well as emotional and physical suffering. They will also consider the impact of your injuries on your life quality.





In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) when the negligent driver was not insured, or only had the minimum amount of insurance required by law. An attorney can advise you of this option.

It is crucial to partner with a seasoned lawyer for your car accident. Their education and experience puts them in a better position to negotiate for the settlement you're entitled to. Your lawyer will let the defendant's insurance company know that you are willing to accept the case. This usually leads to an increase in the settlement amount.