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New York Auto Accident Law A lawyer for car accidents is your advocate, making sure your side of the story is presented. They will negotiate with the insurance company and argue your case before a judge and jury, if needed. Some states have a tort liability system while others have no-fault or auto insurance laws. However, there are strict time limitations, referred to as statutes or limitations that must be followed. Fault The determination of who is at fault is an important element of the insurance and legal claims process. In some cases, like rear-end collisions or similar situations, it may appear straightforward, but in other instances, it's not. Fault is determined based on state laws and the facts of each incident. Some states have pure comparative fault, in which your percentage of fault determines the amount of damages you can recover. Even if your fault is determined to be higher than 51%, you could still claim some damages you have suffered with additional policies like MedPay and PIP. Additionally, auto accident law firm macon use modified comparative blame. These laws permit injured motorists to make use of their own insurance coverage to pay expenses, even if they are found to be partially responsible in the accident. It's normal to be upset and feel the need to blame someone else following an accident. This can lead to costly mistakes and could result in negative consequences. A competent lawyer will help you avoid these mistakes, and provide you with the answers you require quickly and precisely. Damages Damages are compensations that compensate victims for financial loss they suffered because of a negligent actions. The type of compensation offered can pay for a variety losses, including medical costs, missed wages or income, and even vehicle property damage. A skilled car accident lawyer will scrutinize invoices, receipts and other financial documentation to determine precisely the amount of damages you are owed. Non-economic damages are often difficult to quantify, and may include intangible damage such as pain and suffering. This kind of compensation is usually subject to devaluation by insurance companies and it is essential to consult with a knowledgeable tort lawyer to ensure your damages are valued fairly. If you've suffered serious injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to get around the no-fault law by suing for non-economic and financial damages, such as pain and suffering. New York is a state that uses comparative negligence, so your claim will be reduced by the proportion of blame you're assigned. A knowledgeable lawyer will strive to maximize the amount you can claim. Statute of Limitations In the event of a car crash the statutes of limitation are the time frames you are allowed to sue for damages. Typically, it is three years but can differ depending on the nature of lawsuit and state laws. Statutes of limitations are crucial in that they ensure that any claim filed in court is properly investigated before the deadline is up. After this time it could be impossible to find witnesses. Physical artifacts, such as debris and tire marks could disappear or become eroded and public records could be misplaced. As the years pass, witnesses tend to forget important details. It would be unreasonable to expect that eyewitnesses could recall all the details of a car crash that took place 15 years ago. A statute of limitations also stops plaintiffs from bringing legal action too soon after an incident as it could prejudice the jury against them. This is why it's important to consult with a New York car accident lawyer and begin the process as soon as it is possible. Insurance All drivers in New York are required by law to carry car insurance. This type of insurance is designed to compensate the policyholder and their passengers for economic losses in the event of an accident, regardless of who was at fault. 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 of insurance provides the victim with compensation if they are injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM coverage is typically offered with a minimum amount of $25,000 per person or $50,000 per accident. The policyholder is covered by Bodily Injury liability when an outside party sues them for damages, such as property damage and medical bills. Third parties may also be able to claim injury and pain that are severe enough. The majority of third party claims, however, are resolved by insurance companies. Bringing a skilled lawyer to the table can ensure that you get the entire amount of damages available to you. Contact an attorney Car accidents can be stressful and expensive with everything from vehicle damages to medical bills to lost wages. An attorney can help determine who's fault the incident was, and then seek compensation from the person responsible. A lawyer can also ensure that your claim will cover all of your expenses and losses. They will look at your present and potential financial costs as well as your emotional and physical distress. In addition, they will take into consideration the impact your injuries have caused on your life quality. In New York, if the negligent driver didn't have insurance or carried only the minimum amount required by law, you could be able to recover under your own policy's uninsured motorist coverage (UM). An attorney can advise you of this option. It is crucial to choose a seasoned lawyer for car accidents. Their knowledge and training puts them in an ideal position to get you the compensation you deserve. The insurer of the defendant will recognize that your attorney is willing to take on the case, which is often the reason for an increase in settlement offers.