New York Auto Accident Law
A lawyer for car accidents is your advocate and will ensure that your account of the incident is heard. He or she will negotiate with the insurance provider and present your case in before a judge and jury if needed.
Some 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 who is responsible is an important aspect of the insurance and legal process of claiming. In some cases, like rear-end collisions, or other similar situations, it may appear simple, but in other cases, it's not. auto accident lawyer el paso and the facts of each instance are used to determine fault. Some states use pure comparative negligence, in which the percentage of fault you bear in an accident determines the damages you can claim.
Even if you're found to be more than 51% responsible and liable, you could still have a the chance to recover certain damages through supplemental coverage like MedPay or PIP policies. Some states also apply modified comparative negligence. These laws permit injured drivers to utilize their own insurance to cover expenses even if they're partly accountable for the incident.
In the aftermath of an accident, it's normal to feel a bit shaken up and want to blame someone else. However, doing this could result in costly mistakes over the long term. A good lawyer will help you avoid these mistakes, and provide you with the answers you require quickly and efficiently.
Damages
Damages are the compensations given to compensate victims for financial losses incurred by another party's negligence. This kind of compensation can pay for a variety losses, including medical costs in addition to lost wages or income, and even vehicle property damage. A car accident lawyer will look over invoices, receipts, and other financial documents to determine the amount of damages you're due.
Non-economic damages are more difficult to quantify, and often include intangible damage such as pain and suffering. Insurance companies are known to undervalue this kind of compensation. It is crucial to speak with an experienced and knowledgeable tort lawyer to ensure that your damages have been fairly assessed.
In New York, if you suffered serious injuries or if your losses surpassed the policy limits, you may be able to get out of the no-fault system and pursue for all of your economic and non-economic damages including suffering and pain. 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 competent lawyer will strive to maximize the amount you can claim.
Statute of Limitations
In the event of a car wreck the statutes for limitation are the time limits that you must sue to recover damages. Typically, it is three years however it may vary depending on the type of lawsuit as well as the state's laws.
Statutes of limitation are important as they ensure that any claim filed in court is properly investigated prior to the time limit expires. After that it could be impossible to find witnesses. Physical artifacts, such as tire marks and debris could disappear or become eroded, and public records might be lost.
Witnesses are also likely to forget key details over the course of time. It would be unreasonable to believe that eyewitnesses can recall all the details of a crash that occurred 15 years ago. A statute of limitations also prevents plaintiffs from bringing legal action too soon following an incident since it will unfairly prejudice a jury against them. It is crucial to contact a New York auto accident lawyer as quickly as you can in order to begin the process.
Insurance
All drivers in New York are required by law to have car insurance. This type of insurance compensates the policyholder and their passengers' economic losses, regardless of the fault. This kind 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 compensates victims injured by uninsured, insufficiently insured, or hit-and-run drivers. UM/UIM coverage is typically provided with a minimum of $25,000 per person or $50,000 per accident.
Bodily Injury Liability protects the policyholder if they're sued by a third-party for damages, like medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are severe enough. Third-party claims are, however, the majority are resolved by insurance companies. Employing a competent lawyer on board can ensure that you recover the full amount of damages available to you.
Contact an Attorney
Car accidents are stressful and expensive. From car damage to medical costs to lost wages and even lost wages, they can be expensive. A lawyer can help determine whose fault the accident was, and obtain compensation from the person responsible.
A lawyer can also ensure that your claim is inclusive of your entire expenses and losses. They will assess your current and potential financial costs and your physical and emotional distress. Additionally, they will consider the impact that your injuries have affected your quality of life.
In New York, if the negligent driver did not have insurance or only carried the minimum amount required by law, you could be able to claim compensation under your policy's uninsured motorist coverage (UM). This option is discussed with an attorney.
It is essential to choose a seasoned attorney for car accidents. Their experience and training put them in a better position to get you the compensation you deserve. Your lawyer will inform the defendant's insurance company know that you're willing to accept the case. This usually results in an increase in settlement offers.