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New York Auto Accident Law A lawyer for car accidents is your advocate and will make sure that your side of the story gets told. He or she will negotiate with the insurance company and argue your case before a judge and jury if necessary. Some states adhere to the tort liability system as it is in common practice while others do not have any fault or add to the auto insurance laws. There are time limitations that are strictly enforced known as statutes that must be adhered to. Fault Determining fault is a crucial aspect of the legal and insurance claims process. In certain instances, such as rear-end collisions and other similar situations, it could seem evident, but in other instances, it's not. The state laws and facts of each instance are used to determine the extent of fault. Some states have pure comparative fault, in which your percentage of fault determines the amount of damages you can recover. Even if you're determined to be more than 51% accountable there's a an opportunity to recover some of the damages you suffered with additional insurance like MedPay or PIP policies. In addition, some states apply modified comparative responsibility. These laws allow injured drivers to utilize their own insurance to pay for expenses even if they're partially responsible for the collision. In the aftermath of an accident, it's normal to feel a bit shaken up and to want to point the finger at someone else. However, doing so can cause costly mistakes in the long run. A competent lawyer will help you avoid these pitfalls and give you the information you need quickly and with precision. Damages Damages are the amount paid to compensate a victim for the financial loss they suffered due to another party's negligent actions. The type of compensation offered can be used to cover a variety of losses, such as medical costs in addition to lost wages or income, and vehicle property damage. A lawyer for car accidents will review receipts, invoices and other financial documents in order to determine the amount of damages you're entitled to. auto accident lawyer laguna niguel -economic damages are often difficult to quantify and may include intangible damage such as pain and suffering. This kind of compensation is frequently subject to devaluation by insurance companies and it is critical to consult with a knowledgeable tort attorney to ensure that your damages are fairly 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 non-economic and economic damages which includes pain and suffering. However, because New York is a comparative negligence state, your recovery will be reduced by the percentage of fault assigned to you. A competent lawyer will do everything to maximize the amount of damages. Statute of limitations In the event of a car crash the statutes for limitation are the time limits that you must sue to recover damages. This can vary from three years to five depending on the nature and the state of the lawsuit. Statutes of limitations are crucial as they ensure that any claim made in court is properly investigated before the deadline runs out. After that time it could be impossible to find witnesses. Physical artifacts such as tires and debris may disappear or become eroded, and public records might be misplaced. Witnesses also tend to forget important details with the passage of time. For example, it would be unreasonable to expect eyewitnesses to recall the details of an automobile accident that happened 15 years ago. A statute of limitations also stops plaintiffs from filing legal action too soon after an incident, as it could unfairly prejudice the jury against them. It is important to speak with a New York auto accident lawyer as early as you can to start the process. Insurance All drivers in New York are required by law to carry insurance for their cars. This type insurance covers the policyholder and their passengers' economic losses regardless of the cause. 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 offers compensation to victims injured by an uninsured or underinsured motorist or in a hit-and-run accident. UM/UIM is typically available in the minimum limit of $25,000 per person and $50,000 per accident. The policyholder is liable under Bodily Injury liability when they are sued by a third party for damages, including medical bills or property damage. Third parties may also be able to claim suffering and pain for injuries that are severe enough. Third-party claims are, however, the majority they are resolved by insurance companies. A knowledgeable lawyer can assist you to recover the maximum amount of damages. Contact an attorney Car accidents are stressful and costly. From vehicle damage to medical bills to lost wages, they can be costly. A lawyer can help determine the person responsible for the accident and seek compensation from the responsible party. A lawyer can also ensure that your claim will cover all your expenses and losses. They will look at your present and potential financial costs as well as the physical and emotional stress you are experiencing. They will also consider the impact of your injuries on your quality-of-life. In New York, you may be eligible for compensation under your insurance's Uninsured Motorist coverage (UM) when the negligent driver was not insured or had the minimum amount of insurance required by the law. An attorney can provide you with this option. It is essential to hire a professional attorney for car accidents. Their education and experience puts them in a stronger position to secure the compensation you deserve. Your attorney will let insurance company of the defendant know that you are willing to take on the case. This usually results in an increase in the settlement amount.