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New York Auto Accident Law A car accident lawyer is your advocate, making sure your side of the story is heard. They will present your case to a judge or jury, if needed and negotiate with the insurance company. Certain states have a tort liability system, while others have no-fault laws or auto insurance. There are still time limits known as statutes that must be adhered to. Fault Finding out who is to blame is an essential part of the insurance and legal claims process. In some cases, like rear-end collisions or other similar circumstances, it may seem obvious, but in many others, it is not. Fault is determined based on state laws and the specific facts of each incident. Some states apply pure comparative negligence, where the percentage of blame you owe in an accident determines the damages you can claim. Even if the fault determined to be more than 51%, you can still recover some injuries you've suffered as a result of supplemental policies like MedPay and PIP. Some states also allow modified comparative negligence. These laws allow injured motorists to utilize their own insurance coverage to pay expenses, even if they are found to be partially responsible for the accident. In the aftermath of an accident, it's natural to feel shaken and to want to point the finger at another person. However, doing this could backfire and result in costly mistakes over the long term. A competent lawyer will help you avoid these mistakes and give you the answers you need quickly and with precision. Damages Damages are the compensations given to compensate victims for financial losses incurred through the negligence of a third party. This type of compensation could cover a variety of losses, such as medical costs and lost wages, income, and vehicle property damage. A skilled car accident lawyer will review receipts, invoices, and other financial documents to determine precisely the amount of special damages you are owed. Non-economic damages are more difficult to quantify and typically include intangible damage such as pain and suffering. This kind of compensation is usually subject to devaluation by insurance companies and it is critical that you consult a skilled tort attorney to ensure that your damages are fairly valued. In New York, if you suffered serious injuries or if your losses were greater than the policy limits the possibility exists for you to get out of the no-fault system, and sue for all your economic and non-economic damages including pain and suffering. New York is a state that has a system of comparative negligence, which means that your compensation will be reduced based on the percentage of blame you're assigned. A competent lawyer will strive to maximize your compensation for damages. Statute of limitations In the event of a car crash the statute of limitation is the period in which you must seek damages. It can range from three years to five years, based on the nature and status of the lawsuit. auto accident attorneys kansas of limitation are important because they guarantee that claims in court can be investigated properly before the deadline expires. After this period it could be too late to find witnesses, physical evidences such as tires marks and debris can disappear or get eroded and public records can be lost. As time passes, witnesses tend to forget important information. For instance it is not reasonable to expect witnesses to remember specific details regarding a car accident that occurred 15 years ago. A statute of limitations also restricts plaintiffs from seeking legal action too quickly after an incident because it will unfairly prejudice a jury against them. It's important to contact an New York auto accident lawyer as early as you can to begin the process. Insurance All drivers in New York are required by law to carry insurance for their cars. This type of insurance compensates the policyholder's as well as their passengers' economic losses, regardless of the person's fault. This is also 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 have been injured by uninsured, underinsured, or hit-and-run drivers. UM/UIM is typically offered in minimum limits of $25,000 per person and $50,000 per accident. The policyholder is protected by Bodily Injury liability in the event that the third party sues them for damages, such as medical bills and property damage. Third parties can also claim suffering and pain for injuries that are severe enough. 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 expensive. From car damage to medical bills to lost wages and even lost wages, they can be expensive. A lawyer can help determine who is responsible for the accident was and seek compensation from the person responsible. A lawyer can also make sure that your claim will cover the totality of your losses and expenses. They will take into account your costs of living as in addition to physical and emotional anxiety. In addition, they will take into consideration the impact your injuries have affected your life quality. In New York, if the negligent driver was not covered by 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 provide you with this possibility. It is important to hire an experienced and knowledgeable auto accident lawyer. Their training and expertise puts them in a better position to negotiate for the settlement you're entitled to. The defendant's insurer will know that your lawyer is prepared to take on the case, which usually results in an increase in settlement offers.