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New York Auto Accident Law

An attorney for car accidents is your advocate and will make sure that your side of the story gets told. They will present your case to a judge and jury, if needed and negotiate with the insurance company.

Some states have a tort liability system, while others have no-fault laws or auto insurance. There are strict time limits known as statutes which must be followed.

Fault





Determining fault is a crucial element of the legal and insurance claims process. It might seem obvious in some cases like rear-end collisions, but often it's not. The determination of fault is based on state laws and the facts of each instance. Certain states have pure comparative fault, where your percentage of fault determines the amount of damage you can claim.

Even if the fault determined to be more than 51%, you can still collect some of the damages you have suffered with additional policies like MedPay and PIP. Certain states also use modified comparative negligence. These laws allow injured drivers to make use of their own insurance to pay for expenses even if they're partly accountable for the incident.

After an accident, it's normal to feel a bit shaken up and want to point the finger at another person. This can result in costly mistakes and could result in negative consequences. A competent lawyer can help you avoid these pitfalls and get the answers you require quickly and efficiently.

Damages

Damages are compensations that compensate a victim for the financial losses they experienced because of a negligent actions. This type of compensation may be used to pay for a variety of losses, like medical expenses as well as lost wages or income and damage to property of vehicles. A skilled car accident lawyer will review invoices, receipts and other financial documentation to determine precisely the amount of damages you are owed.

Non-economic damages are often difficult to quantify, and may include intangible damage such as pain and suffering. This kind of compensation is typically subject to devaluation by insurance companies and it is crucial to consult a reputable attorney in torts to ensure that your damages are properly valued.

In New York, if you suffered serious injuries, or if your losses were greater than the limits of your insurance policy the possibility exists for you to avoid the no-fault system, and sue for all your economic and non-economic damages including suffering and pain. However, as New York is a comparative negligence state, your recovery will be reduced by the percentage of fault assigned to you. A competent attorney will be able to maximize the amount you can recover.

Statute of limitations

In the event of a car crash, the statute of limitations is the period in which you must pursue a lawsuit in order to recover damages. Typically, this is three years, but may vary depending on the type of lawsuit and the laws of the state.

Statutes of limitation are important because they guarantee that claims in court can be investigated properly before the deadline runs out. After that time it could be too late to locate witnesses, physical evidence such as tires marks and debris can disappear or become eroded, and public records can be misplaced.

Witnesses are also prone to forget important details with the course of time. It would be unreasonable to believe that eyewitnesses can recall all the details of a car crash that took place 15 years ago. A statute of limitation prohibits plaintiffs from filing a lawsuit too early after the incident since it could prejudice the jury against them. This is why it's crucial 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 compensate the policy holder and their passengers for their economic losses in 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 coverage compensates victims who are injured by uninsured, underinsured or hit-and-run drivers. UM/UIM coverage is usually offered with a minimum of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder in case they are sued by a third-party for damages, including medical bills or property damage. Third parties can also bring a claim for pain and suffering when the injury is severe enough to warrant it. Most third-party claims, however, are settled by insurance companies. A knowledgeable lawyer can assist you get the maximum amount of damages.

Contact auto accident lawyer ofallon can be stressful and costly. From car damages to medical expenses to lost wages and even lost wages, they can be expensive. A lawyer can help identify who was responsible for the accident and seek compensation from the responsible party.

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

In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) when the negligent driver wasn't insured or had the minimum amount of insurance legally required. An attorney can assist you with this possibility.

It is important to partner with a seasoned car accident attorney. Their training and expertise puts them in a better position to negotiate for the settlement you're entitled to. The insurance company of the defendant will be aware that your lawyer is willing to take on the case, which can lead to an offer of a higher settlement.