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New York Auto Accident Law An attorney who handles car accidents is your advocate and will ensure that your account of the incident is told. He or she will present your case to a judge or jury, if necessary, and negotiate with the insurance company. Certain states have the tort liability system, while others have no-fault laws or auto insurance. But, there are strict time limits known as statutes or limitations that have to be adhered to. Fault Finding out who is to blame is a crucial aspect of the insurance and legal process of claiming. In certain situations, like rear-end collisions and other similar situations, it could seem evident, but in other instances, it's not. The degree of fault is determined by state laws and the specific facts of each case. Certain states employ pure comparative negligence. the percentage of fault you bear in an accident determines the damages you are entitled to claim. Even if the fault determined to be more than 51%, you can still be able to recover some damage you've sustained through additional policies such as MedPay and PIP. In addition, some states have modified comparative fault. These laws allow injured motorists to utilize their own insurance coverage to pay costs, even if they are found partially at fault in the accident. After an accident, it's natural to feel shaken and to feel the need to blame someone else. However, doing this could backfire and result in costly mistakes over the long term. A good lawyer can help you avoid these traps and help you get the answers you require quickly and accurately. Damages Damages are monetary payments that compensate a victim for the financial losses they experienced due to another party's negligent actions. This type of compensation may be used to cover a variety of losses, including medical costs loss of income or wages as well as damage to the vehicle. A car accident lawyer will look over invoices, receipts, and other financial documents to determine the amount of damages you're due. Non-economic damages can be difficult to quantify, and may include intangible damage such as pain and suffering. This type of compensation is often subject to devaluation by insurance companies and it is essential to consult a reputable tort attorney to ensure that your damages are appropriately valued. In New York, if you suffered serious injuries, or if the losses you suffered exceeded the policy limits, you may be able to get out of the no-fault system and sue for all your economic and non-economic damages, including pain and suffering. But, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault that is assigned to you. A competent lawyer will be able to maximize your compensation for damages. Statute of Limitations In the event of a car accident the statutes for limitation are the period of time you can sue for damages. Typically, this is three years, but it can vary based on the kind of lawsuit and the state's laws. Statutes of limitation are vital because they ensure that any claim filed in court is properly investigated before the deadline is up. After this period, it may be too late to find witnesses, physical evidences such as debris and tire marks can disappear or be destroyed, and public records can be misplaced. Witnesses also tend to forget important details with the passage of time. It's not realistic to think that eyewitnesses would recall all the details of a crash that occurred 15 years ago. A statute of limitations also stops plaintiffs from seeking legal action too quickly after an incident because it could unfairly prejudice the jury against them. It's important to contact an New York auto accident lawyer as quickly as you can in order to begin the process. Insurance All drivers in New York are required by law to have car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for their financial losses in an accident regardless of who was the cause of the accident. 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 insurance pays victims who are injured due to uninsured, underinsured or hit-and-run motorists. UM/UIM is typically provided in minimum limits of $25,000 per person and $50,000 per accident. auto accident lawyer wilmington covers the policyholder if they're sued by a third-party for damages, including medical bills or property damage. Third parties can also file claims for pain and suffering when the injury is severe enough to warrant it. However, most third-party claims are settled through insurance companies. A skilled lawyer to the table can ensure that you are able to recover the full amount of damages that are available to you. Contact an attorney Car accidents can be stressful and expensive. From car injuries to medical costs to lost wages they can be costly. An attorney can help determine who was responsible for the accident and seek compensation from the responsible party. A lawyer can also make sure that your claim includes all your expenses and losses. They will assess your current and future financial costs as well as the physical and emotional stress you are experiencing. They will also take into account the impact of your injuries on your quality of life. In New York, if the negligent driver did not have insurance or had only the minimum amount required by law, you might be able to recover under your insurance policy's uninsured motorist coverage (UM). An attorney can help you understand this option. It is essential to choose an experienced lawyer for auto accidents. Their knowledge and training put them in a stronger position to obtain the compensation you're entitled to. Your lawyer will let the insurance company of the defendant know that you are willing to accept the case. This usually results in an increased settlement offer.