New York Auto Accident Law

A car accident attorney is your advocate and will make sure that your side of the story is heard. They will present your case to a judge or jury, if needed, and bargain with the insurance company.

Some states use a traditional tort liability system and some states have no fault or add to the hammonton auto accident attorney insurance laws. There are still strict time limitations known as statutes which must be followed.

Fault

The determination of fault is a vital aspect of the legal and insurance claims process. It might appear obvious in some instances like rear-end collisions but generally it is not the case. The state laws and the facts of each case are used to determine the degree of fault. Certain states have pure comparative fault. In this case, your percentage of fault determines how much of your damages you are able to recover.

If you're found to be more than 51% accountable however, you might still have the possibility of recovering some of your losses through supplemental coverage like MedPay or PIP policies. In addition, some states apply modified comparative fault. These laws permit injured motorists to make use of their own insurance to cover expenses even if they're deemed partially responsible for the collision.

Following an accident, it's normal to feel a bit shaken up and to feel the need to blame another person. This can lead to costly mistakes and can result in negative consequences. A competent lawyer can help you avoid these traps and help you get the answers you require quickly and precisely.

Damages

Damages are the compensations given to compensate victims for financial losses incurred by the negligence of another party. This kind of compensation can cover a wide range of losses, such as medical expenses and lost wages, income and vehicle property damage. A competent lawyer for car accidents will scrutinize invoices, receipts and other financial records to determine precisely the amount of damages you're due.

Non-economic damages are harder to quantify and often include intangible harms like pain and suffering. Insurance firms are known to devalue this kind of compensation. It is crucial to speak with a seasoned tort lawyer to ensure that your damages have been appropriately valued.

In New York, if you suffered serious injuries or if your losses were greater than the limits of your insurance policy it is possible to get out of the no-fault system and pursue for all of your economic and non-economic damages including pain and suffering. But, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault that is assigned to you. A skilled attorney will be able to maximize the damages you can claim.

Statute of Limitations

In the event of a car accident the statutes for limitation are the time frames you are allowed to sue for damages. It can range from three to five years based on the nature and the state of the lawsuit.

Statutes of limitation are important, as they ensure that any claim made in court is properly investigated before the deadline is up. After this time, it may be too late to locate witnesses, physical evidence such as tires marks and debris can disappear or be eroded, and public records can be lost.

As time passes, witnesses also tend to forget important details. It's not realistic to expect that eyewitnesses could recall all the details of a crash that occurred 15 years ago. A statute of limitations also restricts plaintiffs from bringing legal action too soon after an incident, as it would unfairly prejudice the jury against them. This is why it's essential 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 carry car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for economic losses in an accident regardless of who was at 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 offers compensation if a victim is injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM is typically available in minimum limits of $25,000 per person and $50,000 per accident.

The policyholder is protected by Bodily Injury liability when a third-party sues them for damages, firms including property damage and medical bills. Third parties may also make claims for pain and suffering if the injury was severe enough to warrant it. However, most third party claims are resolved through insurance companies. A skilled lawyer to the table can ensure that you get the full amount of damages available to you.

Contact an Attorney

Car accidents are stressful and costly. From vehicle damages to medical expenses to lost wages they can be costly. A lawyer can help identify who was at fault for the accident and seek compensation from the responsible party.

A lawyer can also guarantee that your claim includes all of your expenses and losses. They will consider your current and future costs of living as well as emotional and physical anxiety. They will also take into account 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) if the negligent driver was not insured or only had the minimum amount of insurance required by law. This option can be discussed with an attorney.

It is important to work with an experienced attorney for reading auto accident law firm accidents. Their education and experience puts them in a better position to get you the compensation you deserve. The defendant's insurer will know that your attorney is willing to take on the case, which can lead to an increase in settlement offers.