New York Auto Accident Law
An attorney for car accidents is your advocate and will ensure that your side of the story gets heard. They will present your case to a judge or jury, if necessary and bargain with the insurance company.
Some states have the tort liability system, while others have no-fault laws or auto insurance. Regardless, there are still strict time limits known as statutes of limitations which have to be adhered to.
Fault
Finding out who is to blame is an important element of the insurance and legal claims process. It might appear obvious in certain cases, such as rear-end collisions. However, often it is not the case. The state laws and facts of each case are used to determine the fault. Certain states have pure comparative fault, in which your proportion of the cause determines how much of your damages can be recovered.
Even if you're determined to be more than 51% responsible, you may still have a chance to collect some of the damages you suffered with supplemental coverage like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured motorists to use their own insurance coverage to cover expenses, even if they are found partially at fault for the accident.
It's normal to be angry and want to blame someone else for an accident. This can lead to costly errors and can cause a negative impact. A competent lawyer can help you avoid these mistakes and get the answers you require quickly and efficiently.
Damages
Damages are compensations made to pay victims of financial losses caused by the negligence of another party. This kind of compensation could cover a wide range of losses, including medical expenses and lost wages, income as well as damage to the vehicle. A skilled lawyer for car accidents will scrutinize invoices, receipts, and other financial documents to calculate accurately the amount of special damages you are owed.
Non-economic damages are harder to quantify and usually comprise intangible losses such as pain and suffering. Insurance companies are known for devaluing this kind of compensation. It is imperative to consult a skilled tort attorney to make sure that your damages have been fairly valued.
In New York, if you suffered serious injuries or if the losses you suffered exceeded the policy limits, you may be able to escape the no-fault system by suing for all your economic and non-economic damages including pain and suffering. However, as New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributable to you. An experienced attorney will work hard to maximize the amount you can claim.
Statute of Limitations
In a car accident the statutes of limitations are the time frames you can sue for damages. It can range from three years to five depending on the nature and condition of the lawsuit.
Statutes of limitations are important because they ensure that any claims in court can be properly investigated before the deadline runs out. After this time it could be too late to locate witnesses, physical evidence like debris and tire marks can disappear or get eroded and public records can be lost.
As time passes, witnesses tend to forget important details. For example it's not realistic for eyewitnesses to be expected to recall the details of the car crash that occurred 15 years ago. A statute of limitations prevents plaintiffs from bringing a lawsuit too quickly after the incident, since it could disadvantage the jury. This is why it's important to speak with a New York car accident lawyer and begin the process as soon as possible.
Insurance
All drivers in New York are required by law to have car insurance. This type of insurance pays the policyholder's and passengers' economic losses regardless of the fault. 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 coverage compensates victims who have been injured by 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.
Bodily Injury Liability covers the policyholder if they are sued by a third party to recover damages, like medical bills or property damage. auto accident attorneys grand rapids can also file claims 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 can help you recover the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and costly with everything from vehicle damages to medical bills to lost wages. A lawyer can help you determine who is responsible for the accident was and seek compensation from the person responsible.
A lawyer can also ensure that your claim is inclusive of all of your expenses and losses. They will take into account the present and future financial expenses as also physical and emotional suffering. In addition, they will consider the impact that your injuries have affected your quality of life.
In New York, you may be eligible for compensation under your insurance's Uninsured Motorist coverage (UM) if the negligent driver wasn't insured or carried the minimum amount required by law. This option is discussed with an attorney.
It is important to hire an experienced and knowledgeable auto accident lawyer. Their education and experience puts them in a better position to get you what you deserve. Your lawyer will inform the insurance company of the defendant know that you are willing to accept the case. This often leads to an increase in the settlement amount.