The 10 Scariest Things About Auto Accident Lawyer

New York Auto Accident Law

A car accident lawyer is your advocate, making sure your side of the story is heard. The lawyer will present your case to a judge or jury, if necessary, and negotiate with the insurance company.

Some states adhere to 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 limits, commonly referred to as statutes of limitations which must be followed.

Fault

Determining fault is a crucial element of the legal insurance claims process. In certain cases, such as rear-end collisions or similar situations, it could appear obvious, but in many other cases, it's not. The determination of fault is based on state laws and the facts of each case. Some states apply pure comparative negligence, in which the proportion of fault you are responsible for in an accident determines the damages you are entitled to claim.

Even if you're found to be more than 51% accountable there's a the chance to recover certain damages through additional coverage such as MedPay or PIP policies. In addition, some states use modified comparative blame. These laws permit injured drivers to utilize their own insurance to pay for expenses even if they're deemed partially responsible for the accident.

It's normal to be angry and try to blame someone else for an accident. However, this could backfire and result in costly mistakes in the long run. A competent lawyer will help you avoid these pitfalls, and provide you with the answers you need quickly and efficiently.

Damages

Damages are monetary payments that help a victim to make up for the financial losses they experienced due to another party's negligent actions. This type of compensation can cover a variety of losses, including medical costs and lost wages, income, and even vehicle property damage. A car accident lawyer will scrutinize invoices, receipts and other financial documents to accurately calculate how much special damages you're owed.

Non-economic damages are harder to quantify and usually include intangible damages like pain and suffering. This kind of compensation is usually subject to devaluation by insurance companies and it is imperative that you consult a knowledgeable tort lawyer to ensure your damages are properly valued.

In New York, if you suffered serious injuries, or if the losses you suffered exceeded the policy limits, you may be able to escape the no-fault system, and sue for all of your non-economic and economic damages, including pain and suffering. New York is a state which uses comparative negligence so your recovery will be reduced according to the percentage of blame you are assigned. A competent lawyer will be able to maximize your claim for 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. Typically, it is three years, but it can vary based on the kind of lawsuit and the laws of the state.

Statutes of limitation are important because they ensure that claims brought in court will be thoroughly investigated before the deadline expires. After this time it might be difficult to find witnesses.  auto accident attorneys san mateo  as tire marks and debris could disappear or erode, and public records might be misplaced.

As time passes, witnesses tend to forget important details. It is not reasonable to expect that eyewitnesses could recall all the details of a car crash that took place 15 years ago. A statute of limitations also restricts plaintiffs from seeking legal action too quickly after an incident because it would unfairly prejudice the jury against them. This is why it's always important to consult with a New York car accident lawyer and start the process as soon as it is possible.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance covers the policyholder's as well as their passengers' financial losses regardless of the cause. This kind of insurance is also 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 policy provides compensation if a victim is injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM is usually offered with minimum limits of $25,000 per person and $50,000 per accident.

The policyholder is covered by Bodily Injury liability in the event that the third party sues them for damages, including property damage and medical bills. Third parties can also bring a claim for suffering and pain if the injury was severe enough to warrant it. However, most third party claims are resolved through insurance companies. A skilled lawyer can help you to recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly that range from car damages to medical bills to lost wages. An attorney can help determine who's fault the incident was, and obtain compensation from the party responsible.

A lawyer can also ensure that your claim will cover your entire expenses and losses. They will consider your current and future financial costs in addition to the physical and emotional stress you are experiencing. They will also take into account the effects of your injuries on your life quality.

In New York, if the negligent driver did not have insurance or had only the minimum amount required by law, you could be able to recover under your policy's uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is important to hire an experienced auto accident lawyer. Their education and experience puts them in a stronger position to get you what you deserve. Your attorney will let the insurance company of the defendant know that you are willing to take on the case. This often leads to an increase in the settlement offer.