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New York Auto Accident Law A lawyer who handles car accidents is your advocate, making sure your side of the story is presented. He or she will present your case to a judge or jury, if necessary and negotiate with the insurance company. Certain states have a tort liability system, while others have no-fault laws or auto insurance. There are still time limits known as statutes which must be followed. Fault Determining who is at fault is an essential element of the insurance and legal claims process. In some cases, like rear-end collisions or similar circumstances, it may appear evident, but in other cases, it's not. The state laws and facts of each case are used to determine fault. Some states have absolute comparative fault. This means that your proportion of the fault determines the amount of damage you can claim. Even if you're found be more than 51% accountable however, you might still have the possibility of recovering some of your losses through additional coverage such as MedPay or PIP policies. Some states also allow modified comparative negligence. These laws allow injured motorists to use their own insurance to cover their expenses even if they're partially accountable for the incident. Following an accident, it's normal to be shaken up and to want to blame another person. This can lead to costly errors and result in negative consequences. A good lawyer can assist you in avoiding these traps and will provide the answers you need quickly and accurately. Damages Damages are compensations offered to pay victims for financial losses caused through the negligence of a third party. This kind of compensation can pay for a variety losses, including medical costs and lost wages, income, and vehicle property damage. A skilled car accident lawyer will review invoices, receipts, and other financial records to determine the exact amount of special damages you are owed. Non-economic damages can be difficult to quantify and include intangible losses like pain and suffering. This kind of compensation is typically subject to devaluation by insurance companies and it is crucial to consult a reputable attorney in torts to ensure that your damages are properly valued. In New York, if you suffered serious injuries, or if your losses were greater than the policy limits the possibility exists for you to get out of the no-fault system by suing for all your non-economic and economic damages, including pain and suffering. New York is a state that has a system of comparative negligence, so your recovery will be reduced based on the percentage of blame you're assigned. A knowledgeable lawyer will be able to maximize the amount of damages. Statute of limitations In the event of a car wreck the statutes of limitation are the timeframes you have to sue for damages. Typically, it is three years but can differ based on the type of lawsuit and the laws of the state. Statutes of limitation are important as they ensure that claims filed in court can be properly investigated prior to the deadline is up. After this time, it may be too late to identify witnesses, physical evidence such as the marks of tires and debris could disappear or become eroded, and public records could be lost. Witnesses also have a tendency to lose important information with the course of time. It would be unreasonable to believe that eyewitnesses can recall all the details of a crash that occurred 15 years ago. A statute of limitation prohibits plaintiffs from bringing a suit too late after the accident, because it could 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 All drivers in New York are required by law to have car insurance. auto accident lawyer suffolk covers the policyholder's and their passengers' economic losses, regardless of the cause. This kind of insurance is also known as 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 insurance covers victims who have been injured by uninsured, underinsured or hit-and-run drivers. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident. The policyholder is liable under Bodily Injury liability in the event that an outside party sues them for damages, such as medical bills or property damage. Third parties may also make claims for pain and suffering if the injury was severe enough to warrant it. The majority of third party claims, however they are settled by insurance companies. A skilled lawyer on board can help to ensure that you are able to recover the maximum amount of damages available to you. Contact an attorney Car accidents can be stressful and expensive. From car injuries to medical costs to lost wages and even lost wages, they can be expensive. A lawyer can help you determine who is responsible for the accident was, and obtain compensation from the responsible party. A lawyer can also ensure that your claim is inclusive of all your expenses and losses. They will look at your present and future financial expenses in addition to the physical and emotional stress you are experiencing. They will also consider the effects of your injuries on your life quality. In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) if the negligent driver wasn't insured or had the minimum amount of insurance legally required. An attorney can help you understand this option. It is crucial to hire a professional lawyer for your car accident. Their knowledge and training puts them in better position to secure you the money you need. Your attorney will let defendant's insurance company know that you're willing to accept the case. This usually results in an increase in settlement offers.