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New York Auto Accident Law A lawyer for car accidents is your advocate, making sure your side of the story is presented. They will negotiate with the insurance provider and then present your case front of a judge and jury if necessary. Certain states have an tort liability system while others have no-fault laws or auto insurance. In any case, there are strict time limitations, referred to as statutes of limitations which must be followed. Fault The determination of who is at fault is a crucial aspect of the insurance and legal claims process. In some cases, like rear-end collisions and other similar situations, it could seem simple, but in other cases, it's not. The state laws and the facts of each case are used to determine the degree of fault. auto accident law firm murrieta have absolute comparative fault. This means that your percentage of fault determines how much of your damages you can recover. Even if your culpability is discovered to be greater than 51%, you may still be able to recover some damage you've sustained through supplemental policies like MedPay and PIP. Certain states also use modified comparative negligence. These laws allow injured motorists to make use of their own insurance coverage to cover costs, even if are found partially at fault for the accident. After an accident, it's common to feel a bit shaken up and to want to blame someone else. However, this could result in costly mistakes over the long term. A good lawyer will assist you in avoiding these traps, and provide you with the answers you need quickly and accurately. Damages Damages are the compensations given to pay victims of financial losses caused through the negligence of a third party. This type of compensation may be used to pay for a variety of losses, such as medical expenses loss of income or wages and vehicle property damage. A competent lawyer for car accidents will scrutinize invoices, receipts and other financial records to determine the exact amount of special damages you're owed. Non-economic damages can be difficult to quantify, and include intangible damages like pain and suffering. Insurance companies are known to undervalue this type of compensation. It is imperative to speak with an experienced and knowledgeable tort attorney to make sure that your damages have been properly assessed. In New York, if you suffered serious injuries, or if the losses you suffered exceeded the policy limits it is possible to evade the no-fault system and pursue for all your economic and non-economic damages which includes suffering and pain. 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 competent attorney will do everything to maximize the amount you can recover. Statute of Limitations In a car accident the statutes for limitation are the period of time that you must sue to recover damages. Typically, this is three years but can vary based on the kind of lawsuit and state laws. Statutes of limitations are crucial in that they ensure that any claim filed in court is properly investigated before the deadline expires. After this period, it may be too late to identify witnesses, physical evidences such as the marks of tires and debris could disappear or be destroyed, and public records can be misplaced. Witnesses also have a tendency to forget key details over the passage of time. For example it would be untrue to assume that eyewitnesses will recall specific details about an automobile accident that happened 15 years ago. A statute of limitations forbids plaintiffs from bringing a suit too early after the incident because it could prejudice the jury against them. This is why it's crucial to speak with a New York car accident lawyer and start the process as soon as it is possible. Insurance All drivers in New York are required by law to carry insurance for their cars. This type of insurance is designed to reimburse the policy holder and their passengers for their economic losses if they are involved 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 compensates victims who are injured by uninsured, underinsured, or hit-and-run drivers. UM/UIM coverage is typically provided with a minimum amount of $25,000 per person or $50,000 per accident. The policyholder is protected under Bodily Injury liability if an outside party sues them for damages, including medical bills and property damage. Third parties can also file claims for suffering and pain if the injury was severe enough to warrant it. The majority of third party claims, however are settled by insurance companies. Bringing a skilled lawyer to the table can ensure that you receive the maximum amount of damages that are available to you. Contact an attorney Car accidents can be stressful and costly with everything from vehicle damages to medical bills to lost wages. An attorney can help determine who's fault the incident was, and then seek compensation from the person responsible. A lawyer can also ensure that your claim will cover all expenses and losses. They will consider your financial costs as well as emotional and physical suffering. In addition, they will consider the impact your injuries have had on your quality of life. In New York, if the negligent driver didn't have insurance or only the minimum amount required by law, you could be able to claim compensation under your own insurance policy's uninsured motorist coverage (UM). An attorney can assist you with this possibility. It is important to work with an experienced and knowledgeable auto accident lawyer. Their knowledge and training puts them in the best position to obtain you the money you deserve. The insurer of the defendant will know that your lawyer is willing to pursue the case, which can lead to an increased settlement offer.