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New York Auto Accident Law A car accident lawyer is your advocate ensuring your side of the story is presented They will bargain with the insurance company and present your case before a judge and jury if needed Certain states have an tort liability system while others have nofault laws or auto insurance There are strict time limits known as statutes that must be adhered to Fault Determining who is responsible is an essential part of the insurance and legal claims process In certain situations like rearend collisions or other similar situations it may seem simple but in other cases its not The degree of fault is determined by state laws and the facts of each instance auto accident lawyer oklahoma employ pure comparative negligence in which the proportion of fault you have in an accident determines the damages you can claim Even if youre found to be more than 51 responsible however you might still have the possibility of recovering some of your damages with additional coverage such as MedPay or PIP policies In addition some states apply modified comparative responsibility These laws allow injured drivers to make use of their own insurance to cover the cost of their injuries even if theyre partly at fault for the crash Its normal for people to be upset and feel the need to blame someone else following an accident But this can cause costly mistakes in the end A competent lawyer can help you avoid these pitfalls and get the answers that you require quickly and efficiently Damages Damages are monetary payments that help a victim to make up for the financial losses they suffered due to another partys negligent actions This kind of compensation can cover a variety of losses such as medical expenses lost wages or income and property damage to vehicles A skilled car accident lawyer will scrutinize invoices receipts and other financial documentation to determine the exact amount of special damages you are owed Noneconomic damages can be difficult to quantify and may include intangible damage such as pain and suffering This kind of compensation is usually subject to devaluation by insurance providers and it is imperative that you consult a knowledgeable tort lawyer to ensure your damages are valued fairly If youve suffered severe injuries or if the losses exceed the policy limits in New York you may be able escape the nofault law and sue for your economic and noneconomic damages including pain and suffering New York is a state that uses comparative negligence so your claim will be reduced depending on the percentage of fault you are assigned An experienced attorney will work hard to maximize the amount you can claim Statute of limitations In the event of a car crash the statute of limitations is the time limit you can pursue a lawsuit in order to recover damages Typically it is three years however it may vary depending on the type of lawsuit and state laws Statutes of limitation are important because they ensure that any claims filed in court can be thoroughly investigated before the deadline elapses After that time it could be impossible to find witnesses Physical artifacts like debris and tire marks could disappear or become eroded and public records could be misplaced Witnesses also tend to forget key details over the passage of time For instance it is not reasonable to expect witnesses to remember detailed information about the car crash that occurred 15 years ago A statute of limitations prevents plaintiffs from filing a lawsuit too early after the incident as it could unfairly influence the jury This is why its essential to speak with a New York car accident lawyer and start the process as soon as possible Insurance All drivers in New York are required by law to carry car insurance This type of insurance pays the policyholders as well as their passengers financial losses regardless of fault This kind of insurance is also known as Personal Injury Protection PIP or nofault insurance In addition to PIP most New York policies include uninsuredunderinsured motorist coverage UMUIM This type of coverage provides the victim with compensation if they are injured by an uninsured or underinsured motorist or in a hit and run accident UMUIM is usually offered with minimum limits of 25000 per person and 50000 per accident The policyholder is liable under Bodily Injury liability in the event that an outside party sues them for damages like medical bills and property damage Third parties can also claim injury and pain that are severe enough However the majority of thirdparty 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 costly with everything from vehicle damage to medical bills to lost wages A lawyer can assist you determine who the primary cause of the accident was and seek compensation from the person responsible A lawyer can also make sure that your claim covers all of your expenses and losses They will consider your current and future financial costs as well as your physical and emotional distress In addition theyll take into account the impact that your injuries have had on your life quality In New York if the negligent driver didnt have insurance or only carried the minimum amount required by law you could be able recover the amount under your own insurance policys uninsured motorist coverage UM This option is discussed with an attorney It is important to work with an experienced auto accident lawyer Their experience and training puts them in a better position to get you what youre entitled to Your lawyer will inform the insurers of the defendants know that youre willing to take on the case This often leads to an increase in settlement offers
