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New York Auto Accident Law A lawyer for car accidents is your advocate, ensuring your side of the story is heard. He or she will discuss your case with the insurance company and present your case the presence of a judge or jury, if needed. Some states have a tort liability system, while others have no-fault laws or auto insurance. However, there are strict time limits known as statutes of limitations that must be observed. Fault The process of determining fault is an essential aspect of the legal and insurance claims process. In certain situations, like rear-end collisions or other similar situations, it could appear simple, but in other cases, it's not. The determination of fault is based upon state laws and the specific facts of each incident. Certain states employ pure comparative negligence. In this case, the percentage of fault you are responsible for in an accident determines what damages you can claim. Even if you're determined to be more than 51% responsible there's a the possibility of recovering some of the damages you suffered with additional coverage such as MedPay or PIP policies. In addition, some states apply modified comparative fault. These laws permit injured motorists to use their own insurance to pay for expenses even if they're partly at fault for the crash. In the aftermath of an accident, it's common to be shaken up and to feel the need to point the finger at another person. However, doing so can backfire and result in costly mistakes in the long run. A competent lawyer will assist you in avoiding these traps, and provide you with the information you require quickly and with precision. Damages Damages are the compensations given to pay victims for financial losses caused due to the negligence of another person. This type of compensation could be used to cover a variety of expenses, such as medical expenses in addition to lost wages or income, as well as vehicle property damage. A lawyer for car accidents will review invoices, receipts and other financial documents in order to calculate how much damages you're due. Non-economic damages are harder to quantify, and often include intangible damage such as pain and suffering. This kind of compensation is often subject to devaluation by insurance companies and it is critical that you consult a skilled tort lawyer to ensure your damages are appropriately valued. If you have suffered serious injuries or if the losses exceed the limits of insurance coverage in New York, you may be able to escape the no-fault law and sue for non-economic and financial damages, such as pain and suffering. New York is a state that relies on comparative negligence which means that your compensation will be reduced according to the percentage of blame you are assigned. A knowledgeable lawyer will be able to maximize your recovery for damages. Statute of limitations In the event of a car wreck the statutes for limitation are the timeframes you have to sue for damages. Typically, this is three years but can differ based on the type of lawsuit and the laws of the state. Statutes of limitation are important because they ensure that any claims filed in court can be properly investigated prior to the deadline is up. After this period it could be too late to find witnesses, physical artifacts like tire marks and debris may disappear or become eroded, and public records could be misplaced. Witnesses are also likely to forget key details over the course of time. It is not reasonable to assume that witnesses could recall all the details of a crash that occurred 15 years ago. A statute of limitations also restricts plaintiffs from filing legal action too soon after an incident as it would unfairly prejudice the jury against them. It is crucial to contact a New York auto accident lawyer as early as you can to start the process. Insurance New York law requires all drivers to have car insurance. This type of insurance is designed to pay the policy holder and their passengers for their economic losses in an accident regardless of who was the cause of the accident. 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 pays victims who are injured due to uninsured, overinsured, or hit-and-run motorists. UM/UIM is typically available in the amount of $25,000 for a person and $50,000 per accident. Bodily Injury Liability covers the policyholder if they're sued by a third-party for damages, including medical bills or property damage. Third parties can also file claims for injury and pain that are serious enough. However, the majority of third-party claims are settled through insurance companies. Bringing auto accident lawyer torrance on board can ensure that you get the full amount of damages that are available to you. Contact an attorney Car accidents can be stressful and costly in all aspects, from vehicle damage 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 guarantee that your claim is inclusive of all of your losses and expenses. They will assess your current and future financial expenses as well as your physical and emotional distress. Additionally, they will take into consideration the impact your injuries have had on your life quality. In New York, if the negligent driver was not covered by insurance or only carried the minimum amount required by law, you could be able to recover under your insurance policy's uninsured motorist coverage (UM). An attorney can assist you with this possibility. It is essential to choose a seasoned car accident attorney. Their education and experience puts them in a better position to get you the money you deserve. The insurance company of the defendant will be aware that your lawyer is prepared to take on the case, which is often the reason for an offer of a higher settlement.