New York Auto Accident Law
An attorney for car accidents is your advocate and will make sure that your side of the story is told. He or she will argue your case to a judge or jury, if necessary and bargain with the insurance company.
Some states use an old tort liability system and others have no fault or add on auto insurance laws. Regardless, there are still strict time limits, also known as statutes of limitation that must be adhered to.
Fault
Determining fault is a crucial element of the legal insurance claims process. In certain cases, such as rear-end collisions and other similar situations, it might appear obvious, but in many other cases, it's not. The state laws and the facts of each case are used to determine the fault. Certain states have pure comparative fault, in which your proportion of the fault determines the amount of damage you can claim.
Even if the fault found to be greater than 51%, you can still claim some damage you've sustained through supplemental policies like MedPay and PIP. In addition, some states use modified comparative blame. auto accident attorneys nampa allow injured motorists to utilize their own insurance coverage to pay expenses, even if they are found partially at fault for the incident.
In the aftermath of an accident, it's common to feel shaken and to want to point the finger at the other person. This could lead to costly mistakes and can have a negative impact. A skilled lawyer can help you avoid these mistakes and get the answers that you require quickly and efficiently.
Damages
Damages are the amount paid to compensate victims for financial losses they suffered due to another party's negligent actions. The type of compensation offered can be used to pay for a variety of losses, such as medical expenses as well as lost wages or income and property damage to vehicles. A lawyer for car accidents will scrutinize invoices, receipts and other financial documents to accurately determine the amount of damages you're due.
Non-economic damages are more difficult to quantify and usually include intangible harms like pain and suffering. This kind of compensation is frequently subject to devaluation by insurance companies and it is crucial to consult a reputable lawyer to ensure that your damages are appropriately valued.
In New York, if you suffered serious injuries, or if the losses you suffered exceeded the limits of your insurance policy the possibility exists for you to avoid the no-fault system and pursue for all your non-economic and economic damages which includes suffering and pain. New York is a state that relies on comparative negligence so your recovery will be reduced according to the percentage of blame you are assigned. A knowledgeable lawyer will be able to maximize your claim for damages.
Statute of limitations
In the event of a car accident the statutes of limitations are the period of time that you must sue to recover damages. Typically, it is three years but can differ based on the type of lawsuit and the laws of the state.
Statutes of limitations are crucial because they ensure that any claims filed in court can be thoroughly investigated before the deadline runs out. After that time, it may be too late for witnesses, physical artifacts like the marks of tires and debris could disappear or be eroded, and public records could be lost.
As time passes, witnesses tend to forget important information. It's unreasonable to think that eyewitnesses would recall all the details of a crash that took place 15 years ago. A statute of limitations prevents plaintiffs from bringing a lawsuit too late after the accident, because it could bias the jury against them. It is crucial to contact an New York auto accident lawyer as soon as possible and begin the process.
Insurance
New York law requires all drivers to carry insurance for their cars. This type of insurance is designed to compensate the policyholder and their passengers for financial losses in an accident regardless of who was at fault. This is known 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 insurance covers victims who are injured due to uninsured, underinsured or hit-and-run motorists. UM/UIM coverage is typically provided with a limit of $25,000 per person or $50,000 per accident.
The policyholder is liable under Bodily Injury liability if a third-party sues them for damages, such as medical bills and property damage. Third parties can also bring a claim for pain and suffering if the injury was severe enough to warrant it. The majority of third-party claims, however, are resolved by insurance companies. A skilled lawyer on board can ensure that you recover the entire amount of damages available to you.
Contact an Attorney
Car accidents can be stressful and expensive that range from car damage to medical bills to lost wages. A lawyer can help identify who was at fault for the accident and seek compensation from the responsible party.
A lawyer can also make sure that your claim includes your entire expenses and losses. They will take into account your future and present financial costs as also physical and emotional distress. They will also take into account the effects of your injuries on your life quality.
In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured or had the minimum amount of insurance required by the law. An attorney can help you understand this possibility.
It is important to work with an experienced auto accident lawyer. Their training and experience put them in a better position to get you the amount you're entitled to. Your lawyer will inform the insurance company of the defendant know that you are willing to accept the case. This can lead to an increase in settlement offers.