New York Auto Accident Law
A lawyer for car accidents will be your advocate, making sure your side of the story is told. They will discuss your case with the insurance company and argue your case before a judge and jury if needed.
Some states use an old tort liability system and some have no fault or add to the auto insurance laws. In any case, there are strict time limits, commonly referred to as statutes or limitations that must be followed.
Fault
The process of determining fault is an essential element of the legal and insurance claims process. It might seem obvious in some cases, such as rear-end collisions, but usually it is not. The state laws and the facts of each case are used to determine fault. Some states apply pure comparative negligence, where the proportion of blame you owe in an accident determines the damages you are entitled to claim.
Even if you're found to be more than 51% accountable there's a a chance to collect certain damages through additional coverage such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured motorists to use their own insurance coverage to cover costs, even if they are found partially at fault for the accident.
It's normal to feel upset and feel the need to blame someone else after an accident. This can lead to costly mistakes and could cause a negative impact. A good lawyer will help you avoid these mistakes and provide the answers you need quickly and accurately.
Damages
Damages are compensations made to pay victims for financial losses caused by the negligence of another party. The type of compensation offered can be used to pay for a variety of losses, such as medical expenses and lost wages, income and damage to property of vehicles. A lawyer for car accidents will look over invoices, receipts, and other financial documents in order to calculate how much damages you're due.
Non-economic damages can be difficult to quantify and include intangible losses like pain and suffering. Insurance companies are known for devaluing this kind of compensation. It is imperative to consult a skilled attorney in tort law 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 the possibility exists for you to get out of the no-fault system, and sue for all your non-economic and economic damages including suffering and pain. But, since New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. A competent lawyer will strive to maximize your recovery for damages.
Statute of limitations
In a case involving a car crash the statute of limitation is the period in which you can bring a lawsuit to recover damages. Typically, this is three years, but may differ based on the type of lawsuit as well as the state's laws.
Statutes of limitations are important because they ensure that any claims in court can be investigated properly before the deadline expires. After this time, it may be too late to locate witnesses, physical evidence such as tires marks and debris can disappear or become eroded, and public records may be misplaced.
Witnesses are also likely to forget crucial details with the course of time. It's not realistic to think that eyewitnesses would recall all the details of a car crash that took place 15 years ago. A statute of limitations also restricts plaintiffs from bringing legal action too soon following an incident since it could unfairly prejudice the jury against them. It is important to speak with an New York auto accident lawyer as soon as you can and begin the process.
Insurance
All drivers in New York are required by law to carry insurance for their cars. This type of insurance covers the policyholder's and their passengers' financial losses, regardless of fault. 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 insurance policy provides an amount of compensation for victims injured by an uninsured or underinsured driver or in a hit and run accident. UM/UIM coverage is usually offered with a limit of $25,000 per person or $50,000 per accident.
The policyholder is covered by Bodily Injury liability when the third party sues them for damages such as medical bills and property damage. Third parties may also make claims for pain and suffering in cases where the injury was serious enough to warrant it. The majority of third party claims, however they are settled by insurance companies. auto accident law firm norwalk can help you recover the maximum amount of damages.
Contact an attorney
Car accidents are stressful and expensive. From car damages to medical expenses to lost wages they can be costly. A lawyer can help you determine whose fault the accident was and seek compensation from the responsible party.
A lawyer can also ensure that your claim covers all of your losses and expenses. They will look at your present and future financial expenses in addition to your emotional and physical distress. They will also consider the effects of your injuries on your quality-of-life.
In New York, you may be eligible for compensation under your policy's Uninsured Driver coverage (UM) in the event that the negligent driver was not insured or had the minimum amount of insurance required by law. An attorney can provide you with this possibility.
It is essential to choose an experienced attorney for auto accidents. Their knowledge and training puts them in an ideal position to get you the money you need. Your lawyer will inform the defendant's insurance company know that you are willing to accept the case. This can lead to an increased settlement offer.