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New York Auto Accident Law A lawyer for car accidents will be your advocate, ensuring your side of the story is presented. He or she will present your case to a judge and jury, if necessary and bargain with the insurance company. Some states adhere to a tort liability system that is traditional and some have no fault or add on auto insurance laws. Regardless, there are still strict time limits, also known as statutes of limitations that must be observed. Fault Determining who is at fault is an important part of the insurance as well as legal process of claiming. In some cases, like rear-end collisions or similar situations, it may seem obvious, but in many other cases, it's not. The degree of fault is determined by state laws and the specific facts of each incident. Certain states employ pure comparative negligence. In this case, the proportion of fault you are responsible for in an accident determines what damages you are able to claim. Even if the fault found to be greater than 51%, you can still be able to recover some losses you've suffered through additional policies like MedPay and PIP. Certain states also have modified comparative negligence. These laws allow injured motorists to use their own insurance to cover expenses even if they're partially accountable for the incident. After an accident, it's common to feel a bit shaken up and to feel the need to point the finger at someone else. However, this could cause costly mistakes in the end. A good lawyer will help you avoid these pitfalls and will provide the answers you need quickly and precisely. Damages Damages are compensations offered to compensate victims for financial losses caused through the negligence of a third party. The type of compensation offered can be used to pay for a variety of losses, such as medical costs in addition to lost wages or income, and vehicular property damage. A lawyer for car accidents will scrutinize invoices, receipts, and other financial documents to determine the amount of damages you're entitled to. Non-economic damages are harder to quantify and often include intangible damages like pain and suffering. Insurance companies are known to undervalue this kind of compensation. It is important to speak with an experienced and knowledgeable lawyer in torts to ensure that your damages have been fairly valued. If you've suffered serious injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to avoid the no-fault laws and sue for non-economic and economic damages, such as pain and suffering. However, as New York is a comparative negligence state, your recovery will be reduced by the percentage of fault assigned to you. A knowledgeable attorney will be able to maximize the damages you are able to recover. Statute of Limitations In the case of a car accident the statute of limitation is the time limit you must seek damages. auto accident law firm yorba linda can range from three years to five years, based on the nature and status of the lawsuit. Statutes of limitation are vital as they ensure that any claim filed in court is properly investigated before the deadline runs out. After that it could be impossible to find witnesses. Physical artifacts such as tire marks and debris could disappear or get eroded and public records could be lost. Witnesses are also prone to forget crucial details with the course of time. It's unreasonable to expect that eyewitnesses could recall all the details of a car crash that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from bringing legal action too soon following an incident since it could prejudice the jury against them. It is important to speak with a New York auto accident lawyer as quickly as you can in order to start the process. Insurance New York law requires all drivers to have car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for economic losses if they are involved in an accident, regardless of who was responsible for the fault. This type of insurance is called 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 are injured by uninsured, insufficiently insured, or hit-and-run motorists. UM/UIM coverage is usually provided with a minimum amount of $25,000 per person or $50,000 per accident. Bodily Injury Liability protects the policyholder in the event that they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also assert suffering and pain for injuries that are serious enough. However, most third party claims are settled through insurance companies. Employing a competent lawyer to the table can ensure that you get the maximum amount of damages that are available to you. Contact an attorney Car accidents are stressful and costly. From car injuries to medical costs to lost wages they can be costly. A lawyer can help you determine who the primary cause of the accident was, and obtain compensation from the party responsible. A lawyer will also ensure that your claim will cover all your expenses and losses. They will take into account the present and future financial expenses as in addition to physical and emotional suffering. They will also take into account the impact of your injuries on your life quality. In New York, you may be able to claim compensation under your policy's Uninsured Driver coverage (UM) in the event that the negligent driver was not insured, or only carried the minimum amount required by law. An attorney can advise you of this option. It is crucial to partner with a seasoned car accident attorney. Their experience and training puts them in a stronger position to negotiate for the settlement you're entitled to. The insurer of the defendant will recognize that your attorney is willing to try the case, which usually results in a higher settlement offer.