The No. One Question That Everyone Working In Auto Accident Lawyer Needs To Know How To Answer
New York Auto Accident Law
A car accident lawyer is your advocate, ensuring your side of the story is presented. He or she will present your case to a judge and jury, if needed and negotiate with the insurance company.
Certain states have a tort liability system while others have no-fault laws or auto insurance. In any case, there are strict time limits known as statutes or limitations that must be observed.
Fault
Determining who is responsible is an essential element of the insurance and legal claims process. In some cases, like rear-end collisions and other similar situations, it might appear obvious, but in many others, it is not. The state laws and the facts of each case are used to determine the extent of fault. Certain states employ pure comparative negligence, where the percentage of fault you bear in an accident determines what damages you are able to claim.
If you're found to be more than 51% accountable and liable, you could still have a a chance to collect some of your damages with additional coverage, such as MedPay or PIP policies. Some states also apply modified comparative negligence. These laws allow injured motorists to use their own insurance coverage to cover costs, even if are found partially at fault in the accident.
It's normal for people to be upset and want to blame someone else for an accident. But, this can backfire and result in costly errors in the future. A good lawyer will help you avoid these pitfalls and provide the information you need quickly and efficiently.
Damages
Damages are monetary payments that pay a victim for financial loss they suffered because of a negligent actions. This kind of compensation can be used to cover a variety of expenses, such as medical expenses as well as lost wages or income, and even vehicle property damage. A lawyer for car accidents will review invoices, receipts, and other financial documents to calculate how much damages you're due.
Non-economic damages can be difficult to quantify and include intangible damages like pain and suffering. This type of compensation is usually subject to devaluation by insurance providers and it is essential that you consult a skilled lawyer to ensure that your damages are appropriately valued.
In New York, if you suffered serious injuries, or if your losses were greater than 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 pain and suffering. However, because New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault attributed to you. A competent lawyer will work hard to maximize your compensation for damages.
Statute of Limitations
In a car accident the statutes of limitations are the time limits you have to sue for damages. Typically, it is three years but can differ depending on the nature of lawsuit as well as the state's laws.
Statutes of limitations are essential in that they ensure that any claim made in court is investigated properly before the deadline runs out. After this period, it may be too late to identify witnesses, physical artifacts like debris and tire marks can disappear or become eroded, and public records could be misplaced.
As time passes, witnesses also tend to forget important details. It's unreasonable to think that eyewitnesses would recall all the details of a car accident that occurred 15 years ago. A statute of limitations also restricts plaintiffs from filing legal action too soon after an incident as it could prejudice the jury against them. This is why it's always 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 covers the policyholder's and passengers' economic losses regardless of the cause. 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 the victim with compensation if they are injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM is usually offered with the minimum limit of $25,000 per person and $50,000 per accident.
Bodily Injury Liability protects the policyholder in case they are sued by a third party for damages, like medical bills or property damage. Third parties can also claim suffering and pain for injuries that are serious enough. However, the majority of third party claims are resolved through insurance companies. Employing a competent lawyer to the table can ensure that you receive the full amount of damages that are available to you.
Contact an attorney
Car accidents are stressful and costly. From auto accident attorneys idaho damages to medical expenses to lost wages they can be costly. A lawyer can help determine who is responsible for the accident was and seek compensation from the responsible party.
A lawyer can also guarantee that your claim covers all of your losses and expenses. They will assess your current and future financial costs, as well as the physical and emotional stress you are experiencing. Additionally, they will take into consideration the impact that your injuries have caused on your quality of life.
In New York, if the negligent driver was not covered by insurance or had only the minimum amount required by law, you could be able to claim compensation under your policy's uninsured motorist coverage (UM). An attorney can assist you with this option.
It is essential to choose an experienced auto accident lawyer. Their experience and training put them in an ideal position to get you the amount you're entitled to. Your attorney will let defendant's insurance company know that you are willing to accept the case. This usually results in an increased settlement offer.