New York Auto Accident Law
A car accident attorney is your advocate and will ensure that your part of the story is told. He or she will argue your case to a judge and jury, if necessary, and negotiate with the insurance company.
Some states use the tort liability system as it is in common practice and some states have no fault or add on auto insurance laws. Regardless, there are still strict time limits, commonly referred to as statutes of limitations that must be adhered to.
Fault
The determination of who is at fault is a critical part of the insurance and legal claims process. It might appear obvious in some instances like rear-end collisions, but often 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 percentage of fault determines how much of your damages you are able to recover.
Even if the fault determined to be higher than 51%, you might still be able to recover some injuries you've suffered as a result of additional policies like MedPay and PIP. Some states also apply modified comparative negligence. These laws allow injured motorists to utilize their own insurance to pay for expenses even if they're deemed partially responsible for the accident.
It's normal to feel upset and want to blame someone else following an accident. This could lead to costly mistakes and can result in negative consequences. A competent lawyer can help you avoid these pitfalls and provide the information you require quickly and accurately.
Damages
Damages are monetary compensations that compensate victims for financial loss caused through the negligence of a third party. This type of compensation could be used to cover a variety of losses, such as medical costs in addition to lost wages or income, and vehicle property damage. A skilled attorney for car accidents will look over receipts, invoices, and other financial documentation to determine precisely the amount of special damages you're due.
Non-economic damages are more difficult to quantify and often include intangible damage such as pain and suffering. This type of compensation is often subject to devaluation by insurance providers and it is critical that you consult a skilled tort attorney to ensure that your damages are properly valued.
If you've suffered serious injuries or if your losses exceed the policy limits in New York, you may be able escape the no-fault law by suing for non-economic and financial damages, such as pain and suffering. But, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributable to you. auto accident law firm new orleans will work hard to maximize the amount you can recover.
Statute of limitations
In a case involving a car crash, the statute of limitations is the amount of time you can bring a lawsuit to recover damages. This can vary from three to five years based on the type and state of the lawsuit.
Statutes of limitations are essential in that they ensure that any claim filed in court is investigated properly before the deadline is up. After this period it could be too late to find witnesses, physical artifacts like tire marks and debris may disappear or be eroded, and public records may be lost.
As time passes, witnesses tend to forget important information. For instance, it would be unreasonable for eyewitnesses to be expected to recall specific details regarding the car crash that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a suit too early after the incident because it could bias the jury against them. It is crucial to contact an New York auto accident lawyer as soon as possible and start the process.
Insurance
New York law requires all drivers to carry insurance for their cars. This type of insurance compensates the policyholder's and their passengers' economic losses, regardless of the person's fault. This is also 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 of insurance compensates victims who are injured due to uninsured, insufficiently insured, or hit-and-run drivers. UM/UIM is typically offered in the amount of $25,000 for a person and $50,000 per accident.
Bodily Injury Liability covers the policyholder if they're sued by a third party to recover damages, such as medical bills or property damage. Third parties can also claim pain and suffering for injuries that are serious enough. Most third-party claims, however are settled by insurance companies. Bringing a skilled lawyer to the table can ensure that you get the entire amount of damages available to you.
Contact an Attorney
Car accidents can be stressful and costly that range from car damage to medical bills to lost wages. A lawyer can help determine who is responsible for the accident was, and then seek compensation from the responsible party.
A lawyer will also ensure that your claim is inclusive of all of your losses and expenses. They will consider your current and future financial costs as well as your physical and mental distress. They will also consider the impact of your injuries on your quality of life.
In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) when the negligent driver wasn't insured or carried the minimum amount legally required. An attorney can help you understand this possibility.
It is essential to work with an experienced attorney for car accidents. Their knowledge and training puts them in the best position to obtain you the money you need. Your attorney will let the insurer of the defendant know that you're willing to take on the case. This often leads to an increase in settlement offers.