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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 heard. He or she will bargain 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 or auto insurance laws. There are still strict time limitations known as statutes that must be adhered to. Fault Determining who is at fault is a critical part of the insurance and legal claims process. It may seem obvious in certain instances, such as rear-end collisions. However, often it's not the case. The determination of fault is based upon state laws and the specific facts of each incident. Certain states have pure comparative fault, where your percentage of fault determines how much of your damage you can claim. Even if the fault determined to be higher than 51%, you can still collect some of the injuries you've suffered as a result of supplemental policies like MedPay and PIP. Additionally, certain states apply modified comparative responsibility. These laws allow injured motorists to use their own insurance to pay for expenses even if they're deemed partially at fault for the crash. After an accident, it's normal to be shaken up and to want to blame someone else. This can lead to costly errors and can result in negative consequences. A good lawyer will help you avoid these pitfalls and will provide the answers you need quickly and precisely. Damages Damages are compensations that compensate a victim for the financial losses they experienced due to another party's negligent actions. The type of compensation offered can cover a variety of losses, including medical costs in addition to lost wages or income, as well as vehicle property damage. A car accident lawyer will review receipts, invoices and other financial documents 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. Insurance companies are known to devalue this kind of compensation. It is important to speak with a seasoned tort lawyer to ensure that your damages have been properly valued. In auto accident lawsuit naperville , if you suffered serious injuries or if your losses exceeded the policy limits, you may be able to get out of the no-fault system by suing for all of your economic and non-economic damages including suffering and pain. But, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault that is assigned to you. A skilled lawyer will work hard to maximize the amount of damages. Statute of Limitations In the event of a car wreck the statutes for limitation are the timeframes that you must sue to recover damages. This can vary from three years to five years, based on the type and state of the lawsuit. Statutes of limitation are vital, as they ensure that any claim filed in court is investigated properly before the deadline runs out. After this time, it may be impossible to find witnesses. Physical artifacts like tires and debris may disappear or erode and public records could be misplaced. As time passes, witnesses also tend to forget important details. For example it's not realistic to expect eyewitnesses to recall detailed information about an automobile accident that happened 15 years ago. A statute of limitation prohibits plaintiffs from filing a lawsuit too quickly after the incident, because it may unfairly disadvantage the jury. It's important to contact an New York auto accident lawyer as early as you can to begin the process. Insurance New York law requires all drivers to carry insurance for their cars. This type of insurance is designed to reimburse the policyholder and their passengers for their economic losses in the event of an accident, regardless of who was the cause of the accident. This type 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 usually offered with a minimum limit 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 for damages, like medical bills or property damage. Third parties can also file a claim for pain and suffering when the injury is severe enough to warrant it. However, the majority of third party claims are settled through insurance companies. A competent lawyer can help you get the maximum amount of damages. Contact an attorney Car accidents can be stressful and expensive. From car injuries to medical costs to lost wages, they can be costly. A lawyer can assist you determine who is responsible for the accident was, and obtain compensation from the responsible party. A lawyer will also ensure that your claim covers all of your expenses and losses. They will consider your financial expenses as also physical and emotional distress. They will also take into account the effects of your injuries on your quality of life. 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 policy's uninsured motorist coverage (UM). This option is discussed with an attorney. It is important to partner with a seasoned attorney for car accidents. Their training and expertise puts them in a better position to obtain the compensation you're entitled to. Your lawyer will let the insurers of the defendants know that you're willing to take on the case. This can lead to an increase in the settlement amount.