New York Auto Accident Law
A lawyer for car accidents will be your advocate, making sure your side of the story is told. He or she will negotiate with the insurance company and argue your case the presence of a judge or jury, if required.
Some states have the tort liability system, while others have no-fault laws or auto insurance. However, there are strict time limitations, referred to as statutes or limitations that must be followed.
Fault
Determining fault is an essential element of the legal and insurance claims process. In certain situations, like rear-end collisions or other similar situations, it might seem simple, but in other cases, it's not. Fault is determined based on state laws and the specific facts of each incident. Certain states have pure comparative fault, in which your proportion of the fault determines how much of your damages can be recovered.
Even if your fault was determined to be more than 51%, you could still recover some damages you have suffered with additional policies such as MedPay and PIP. Certain states also have modified comparative negligence. These laws allow injured motorists to utilize their own insurance to pay for expenses even if they're found partially accountable for the incident.
In the aftermath of an accident, it's common to feel a bit shaken up and want to point the finger at someone else. This could lead to costly mistakes and could result in negative consequences. A good lawyer can help you avoid these traps and get the answers you need quickly and accurately.
Damages
Damages are compensations made to compensate victims for financial losses incurred through the negligence of a third party. This kind of compensation could cover a wide range of losses, such as medical costs loss of income or wages and property damage to vehicles. auto accident law firm passaic for car accidents will review receipts, invoices, and other financial records to determine precisely the amount of damages you are owed.
Non-economic damages are more difficult to quantify, and often include intangible damages such as pain and suffering. This kind of compensation is usually subject to devaluation by insurance providers and it is crucial that you consult a knowledgeable lawyer to ensure that your damages are appropriately valued.
In New York, if you suffered serious injuries, or if your losses exceeded the policy limits you may be able to get out of the no-fault system, and sue for all of your non-economic and economic damages, including suffering and pain. New York is a state which uses comparative negligence so your claim will be reduced according to the percentage of blame you are assigned. A knowledgeable lawyer will be able to maximize your compensation for damages.
Statute of limitations
In the event of a car wreck, the statutes of limitations are the time limits you are allowed to sue for damages. It can range from three to five years depending on the nature and status of the lawsuit.
Statutes of limitations are crucial because they ensure that any claim filed in court is properly investigated before the deadline expires. After this period it could be too late to identify witnesses, physical evidences such as debris and tire marks can disappear or be destroyed, and public records can be misplaced.
As the years pass, witnesses tend to forget important details. It is not reasonable to expect that eyewitnesses could recall all the details of a car crash that took place 15 years ago. A statute of limitations prevents plaintiffs from bringing a suit too quickly after the incident, because it could disadvantage the jury. It is important to speak with an New York auto accident lawyer as soon as you can and begin the process.
Insurance
New York law requires all drivers to have insurance on their vehicles. This type of insurance pays the policyholder's and passengers' financial losses, regardless of the person's fault. This type 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 pays victims who have been injured by uninsured, overinsured, or hit-and-run motorists. UM/UIM coverage is typically offered with a limit of $25,000 per person or $50,000 per accident.
Bodily Injury Liability covers the policyholder in the event that they are sued by a third-party for damages, including medical bills or property damage. Third parties may also make a claim for pain and suffering in cases where the injury was serious enough to warrant it. However, most third party claims are settled through insurance companies. A skilled lawyer on board can help to ensure that you receive the full amount of damages that are available to you.
Contact an attorney
Car accidents can be stressful and expensive with everything from vehicle damages to medical bills to lost wages. A lawyer can help you determine who the primary cause of the accident was and seek compensation from the party responsible.
A lawyer can also ensure that your claim is inclusive of all expenses and losses. They will take into account the present and future costs of living as in addition to physical and emotional distress. Additionally, they will take into account the impact your injuries have had on your quality of life.
In New York, if the negligent driver didn't have insurance or had only the minimum amount required by law, you may be able to recover under your own insurance policy's uninsured motorist coverage (UM). An attorney can provide you with this option.
It is essential to choose an experienced and knowledgeable auto accident lawyer. Their education and experience puts them in a better position to secure the compensation you deserve. The defendant's insurer will know that your lawyer is willing to fight the case which often leads to an offer of a higher settlement.