The 9 Things Your Parents Taught You About Auto Accident Lawyer
New York auto accident attorneys Accident Law
An attorney who handles car accidents is your advocate and will make sure that your part of the story is heard. He or she will present your case to a judge and jury, if necessary and negotiate with the insurance company.
Certain states have an tort liability system while others have no-fault or auto insurance laws. In any case, there are strict time limits known as statutes or limitations that must be followed.
Fault
The process of determining fault is an essential part of the legal and insurance claims process. In certain cases, such as rear-end collisions or other similar situations, it could appear simple, but in other cases, it's not. The degree of fault is determined by state laws and the specific facts of each instance. Some states have absolute comparative fault. This means that your percentage of the accident determines how much of your damages you can recover.
Even if your culpability is discovered to be greater than 51%, you may still recover some damage you've sustained through supplemental policies like MedPay and PIP. Some states also allow modified comparative negligence. These laws allow injured drivers to use their own insurance to cover the cost of their injuries even if they're found partially responsible for the accident.
It's normal to feel upset and want to blame someone else for an accident. This can lead to costly errors and have a negative effect. A skilled lawyer can help you avoid these pitfalls and get the answers you require quickly and accurately.
Damages
Damages are monetary compensations that pay victims for financial losses caused by another party's negligence. This kind of compensation can be used to pay for a variety of expenses, such as medical expenses, missed wages or income, as well as vehicle property damage. A competent lawyer for car accidents will scrutinize invoices, receipts, and other financial documentation to calculate accurately the amount of special damages you're owed.
Non-economic damages are more difficult to quantify and usually include intangible harms like pain and auto accident lawyer suffering. This kind of compensation is usually subject to devaluation by insurance providers and it is essential that you consult a skilled tort lawyer to ensure your damages are properly valued.
In New York, if you suffered serious injuries or if your losses were greater than the limits of your insurance policy, you may be able to avoid the no-fault system and sue for all your non-economic and economic damages as well as pain and suffering. However, as New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault attributable to you. A knowledgeable lawyer will do everything to maximize your claim for damages.
Statute of Limitations
In the event of a car wreck the statutes of limitations are the timeframes that you must sue to recover damages. Typically, it is three years, but may differ depending on the nature of lawsuit as well as the state's laws.
Statutes of limitations are crucial as they ensure that any claim made in court is properly investigated prior to the time limit expires. After that it might be difficult to find witnesses. Physical artifacts such as tire marks and other debris could disappear or become eroded and public records could be misplaced.
As time passes, witnesses also tend to forget important information. For example it is not reasonable to expect eyewitnesses to recall detailed information about an accident in a car that occurred 15 years ago. A statute of limitations also prevents plaintiffs from bringing legal action too soon after an incident, as it would unfairly prejudice the jury against them. It is important to speak with an New York auto accident lawyer as quickly as you can in order to begin the process.
Insurance
New York law requires all drivers to have insurance on their vehicles. This type insurance covers the policyholder's and passengers' economic losses, auto accident lawyer regardless of the 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 compensates victims who have been injured by uninsured, insufficiently insured, or hit-and-run drivers. UM/UIM coverage is usually offered with a minimum limit of $25,000 per person or $50,000 per accident.
The policyholder is covered by Bodily Injury liability in the event that an outside party sues them for damages, including property damage and medical bills. Third parties can also claim the pain and suffering of injuries that are serious enough. However, the majority of third party claims are resolved through insurance companies. Employing a competent lawyer on board can ensure that you get the full amount of damages available to you.
Contact an attorney
Car accidents can be stressful and costly, from vehicle damages to medical bills to lost wages. A lawyer can help determine whose fault the accident was, and obtain compensation from the party responsible.
A lawyer can also ensure that your claim covers the totality of your losses and expenses. They will assess your current and future financial burdens, as well as your emotional and physical distress. They will also consider the impact of the injuries you sustained on your health.
In New York, if the negligent driver was not covered by insurance or only carried the minimum amount required by law, you may be able recover the amount under your own policy's uninsured motorist coverage (UM). An attorney can assist you with this option.
It is crucial to find an experienced auto accident lawyer. Their training and experience put them in better position to secure you the money you need. Your lawyer will let the insurers of the defendants know that you're willing to accept the case. This usually results in an increase in the settlement offer.