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New York Auto Accident Law A lawyer for car accidents is your advocate, ensuring your side of the story is presented. He or she will argue your case to a judge and jury, if necessary, and bargain with the insurance company. Some states use a tort liability system that is traditional and some states have no fault or add to the auto insurance laws. Regardless, there are still strict time limitations, referred to as statutes of limitation that have to be adhered to. Fault Finding out who is to blame is an essential part of the insurance as well as legal claims process. It may appear obvious in certain cases like rear-end collisions, but usually it's not. The state laws and facts of each case are used to determine the fault. Certain states have pure comparative fault, in which your proportion of the cause determines the amount of damages you can recover. Even if your fault is determined to be higher than 51%, you can still collect some of the damages you have suffered with additional policies like MedPay and PIP. Some states also apply modified comparative negligence. These laws allow injured drivers to use their own insurance to cover their expenses even if they're deemed partially responsible for the accident. It's normal to be angry and feel the need to blame someone else following an accident. But, this can result in costly mistakes in the end. A skilled lawyer can help you avoid these traps and provide the information you require quickly and precisely. Damages Damages are compensations offered to compensate victims for financial losses caused through the negligence of a third party. This type of compensation may be used to cover a variety of losses, such as medical expenses as well as lost wages or income and vehicle property damage. A car accident lawyer will review invoices, receipts and other financial documents to calculate how much damages you're entitled to. Non-economic damages are harder to quantify, and often include intangible damage like pain and suffering. auto accident attorney bryan of compensation is typically subject to devaluation by insurance companies and it is essential that you consult a knowledgeable lawyer to ensure that your damages are properly valued. In New York, if you suffered serious injuries, or if your losses exceeded the limits of your insurance policy it is possible to escape the no-fault system, and sue for all your economic and non-economic damages, including pain and suffering. However, because New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. A skilled lawyer will be able to maximize your recovery for damages. Statute of Limitations In a car accident case the statute of limitations is the amount of time you have to sue to recover damages. Typically, this is three years, but it can vary based on the kind of lawsuit and the state's laws. Statutes of limitations are important as they ensure that claims brought in court will be investigated properly before the deadline is up. After that time it could be too late to identify witnesses, physical artifacts like debris and tire marks can disappear or get eroded and public records could be misplaced. Witnesses also tend to forget important details with the course of time. For instance it's not realistic to assume that eyewitnesses will recall specific details regarding an accident in a car that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from seeking legal action too quickly after an incident, as it could prejudice the jury against them. It is crucial to contact a 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 carry insurance for their cars. This type of insurance is designed to reimburse the policyholder and their passengers for economic losses if they are involved in an accident regardless of who was responsible for the fault. This is 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 provides compensation to victims injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM coverage is typically provided with a minimum amount of $25,000 per person or $50,000 per accident. The policyholder is protected by Bodily Injury liability in the event that the third party sues them for damages, including medical bills and property damage. Third parties may also make a claim for pain and suffering in cases where the injury was serious enough to warrant it. The majority of third party claims, however, are resolved by insurance companies. Bringing a skilled lawyer to the table can ensure that you recover the full amount of damages available to you. Contact an attorney Car accidents can be stressful and costly that range from car damages to medical bills to lost wages. A lawyer can help identify who is responsible for the accident and seek compensation from the responsible party. A lawyer can also ensure that your claim includes all of your expenses and losses. They will take into account your current and future financial expenses, as well as the physical and emotional stress you are experiencing. 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 had only the minimum amount required by law, you could be able to claim compensation under your insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney. It is crucial to find an experienced and knowledgeable auto accident lawyer. Their training and expertise puts them in a stronger position to secure the compensation you're entitled to. Your attorney will let defendant's insurance company know that you are willing to take on the case. This often leads to an increase in settlement offers.