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New York Auto Accident Law A car accident attorney is your advocate and will make sure that your part of the story is told. They will present your case to a judge and jury, if necessary and negotiate with the insurance company. Certain states have an tort liability system while others have no-fault or auto insurance laws. There are strict time limits known as statutes which must be followed. Fault The determination of fault is a vital element of the legal and insurance claims process. In auto accident attorney spokane valley , like rear-end collisions and other similar circumstances, it may appear obvious, but in many other cases, it's not. Fault is determined based on state laws and the specific facts of each instance. Some states apply pure comparative negligence, in which the percentage of blame you owe in an accident determines the damages you can claim. Even if your fault was determined to be higher than 51%, you may still claim some losses you've suffered through additional policies such as MedPay and PIP. In addition, some states have modified comparative fault. These laws allow injured motorists to utilize their own insurance coverage to cover expenses, even if are found to be partially responsible in the accident. It's normal to be angry and try to blame someone else for an accident. However, this could backfire and lead to costly errors in the future. A good lawyer can help you avoid these mistakes, and provide you with the information you need quickly and with precision. Damages Damages are payments made to compensate victims for financial losses they suffered due to another party's negligent actions. This type of compensation could be used to pay for a variety of losses, such as medical costs as well as lost wages or income, and vehicle property damage. A competent lawyer for car accidents will scrutinize receipts, invoices, and other financial documents to determine the exact amount of special damages you're due. Non-economic damages can be difficult to quantify and may include intangible damage such as pain and suffering. This type of compensation is often subject to devaluation by insurance providers and it is essential that you consult a knowledgeable tort attorney to ensure that your damages are appropriately valued. If you have suffered serious injuries or if the losses exceed the policy limits in New York, you may be able to escape the no-fault laws and sue for non-economic and economic damages, including pain and suffering. However, as New York is a comparative negligence state, your claim will be reduced by the percentage of fault assigned to you. An experienced attorney will be able to maximize the amount you are able to recover. Statute of limitations In the event of a car accident, the statutes of limitations are the time limits you can sue for damages. It can range from three to five years depending on the nature and condition of the lawsuit. Statutes of limitations are important because they guarantee that claims in court can be properly investigated before the deadline runs out. After that time it could be difficult to locate witnesses. Physical artifacts like tires and debris may disappear or become eroded and public records could be misplaced. Witnesses are also likely to forget key details over the passage of time. 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 prohibits plaintiffs from bringing a lawsuit too soon after the incident, since it could prejudice the jury against them. It is essential to contact a New York auto accident lawyer as quickly as you can in order to begin the process. Insurance All drivers in New York are required by law to have car insurance. This type insurance covers the policyholder's and passengers' financial losses regardless of the cause. 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 insurance policy provides compensation if a victim is injured by an uninsured or underinsured driver or in a hit and run accident. UM/UIM is typically available in the amount of $25,000 for a person and $50,000 per accident. The policyholder is liable under 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 assert the pain and suffering of injuries that are severe enough. However, the majority of third-party claims are settled through insurance companies. The presence of a knowledgeable lawyer on board can help to ensure that you are able to recover the maximum amount of damages 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 pursue compensation from the responsible party. A lawyer will also ensure that your claim is inclusive of all your expenses and losses. They will consider your current and future financial expenses as along with physical and emotional suffering. Additionally, they will take into account the impact that your injuries have had 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 may be able recover the amount under your own insurance policy's uninsured motorist coverage (UM). This option can be discussed with an attorney. It is essential to partner with a seasoned lawyer for car accidents. Their education and experience puts them in a stronger position to obtain the compensation you deserve. The insurer of the defendant will recognize that your lawyer is prepared to pursue the case, which can lead to a higher settlement offer.