New York Auto Accident Law
A car accident lawyer is your advocate, making sure your side of the story is heard. They will negotiate with the insurance provider and then present your case before a judge and jury if needed.
Certain states have an tort liability system while others have no-fault laws or auto insurance. There are time limitations that are strictly enforced known as statutes that must be adhered to.
Fault
Determining fault is a crucial element of the legal and insurance claims process. It might seem obvious in certain instances such as rear-end collisions. However, often it's not the case. The state laws and facts of each instance are used to determine the extent of fault. Certain states have absolute comparative fault. This means that your percentage of the accident determines how much of your damages you are able to recover.
Even if the fault discovered to be greater than 51%, you might still collect some of the losses you've suffered through additional policies like MedPay and PIP. In addition, some states apply modified comparative responsibility. These laws allow injured drivers to utilize their own insurance to cover expenses even if they're deemed partially accountable for the incident.
Following an accident, it's natural to feel a bit shaken up and to want to point the finger at the other person. auto accident law firm brockton can lead to costly mistakes and could have a negative impact. A good lawyer will help you avoid these pitfalls, and provide you with the information you require quickly and with precision.
Damages
Damages are the compensations given to pay victims for financial loss caused by the negligence of another party. This type of compensation can be used to pay for a variety of expenses, such as medical expenses in addition to lost wages or income, and even vehicle property damage. A lawyer for car accidents will look over receipts, invoices and other financial documents in order to determine the amount of damages you're due.
Non-economic damages are more difficult to quantify and often comprise intangible losses such as pain and suffering. Insurance companies are known to devalue this type of compensation. It is imperative to speak with an experienced and knowledgeable tort attorney to make sure that your damages have been fairly valued.
If you've suffered serious injuries or losses exceed the policy limits in New York, you may be able to avoid the no-fault law and file a lawsuit for your economic and noneconomic damages, including pain and suffering. New York is a state that uses comparative negligence, which means that your compensation will be reduced according to the percentage of fault you are assigned. A knowledgeable lawyer will work hard to maximize the amount of damages.
Statute of Limitations
In the event of a car crash the statute of limitations is the time frame you must bring a lawsuit to recover damages. This can vary from three years to five years, based on the nature and the state of the lawsuit.
Statutes of limitations are essential because they ensure that any claim made in court is investigated properly before the deadline runs out. After this period it could be too late for witnesses, physical evidence like tires marks and debris can disappear or be eroded, and public records could be lost.
As time passes, witnesses also tend to forget important information. It is not reasonable to expect that eyewitnesses could recall all the details of a crash that took place 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too early after the incident as it could unfairly disadvantage the jury. This is why it's always crucial to speak with a New York car accident lawyer and begin the process as soon as you can.
Insurance
All drivers in New York are required by law to have car insurance. 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 offers 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 offered 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, like medical bills or property damage. Third parties can also file a claim for suffering and pain in cases where the injury was serious enough to warrant it. However, most third party claims are resolved through insurance companies. A skilled lawyer on board can ensure that you are able to recover the full amount of damages that are available to you.
Contact an Attorney
Car accidents can be stressful and expensive in all aspects, from vehicle damage to medical bills to lost wages. An attorney can help determine the person responsible for the accident and pursue compensation from the responsible party.
A lawyer can also guarantee that your claim is inclusive of all your expenses and losses. They will take into account your current and future financial burdens and your emotional and physical distress. In addition, they will take into consideration the impact your injuries have affected your quality of life.
In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) when the negligent driver was not insured, or only had the minimum amount of insurance that is required by law. An attorney can provide you with this possibility.
It is crucial to partner with a seasoned car accident attorney. Their experience and training put them in better position to secure you the amount you're entitled to. Your lawyer will let the insurers of the defendants know that you are willing to take on the case. This usually leads to an increased settlement offer.