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Car Accident Legal in New York If you or a loved one has been involved in a car crash you may be thinking about what steps you should take to get compensation This article will explain the New York State car accident legal process In order to receive compensation for any damages to property injuries loss of earning capacity and other damages one may sue the driver at fault Based on the circumstances you may also be able to sue the atfault driver for wrongful death Tort law Tort law is an legal system that seeks to hold businesses and individuals accountable for their actions It also permits victims to seek compensation when they are injured by someone else them To prevail in a tort lawsuit the plaintiff must prove that they sustained damages as a result of a defendants negligence This means that the defendant was owed by the plaintiff a duty of care and breached that duty It can be a challenging task to prove on your own however an experienced personal injury lawyer is competent to assist you in gathering the evidence that your case requires Based on the circumstances surrounding your injury you may be able to recover different damages To prevail in a tort case there are four primary elements breach of duty duty causation and injury For example in a car accident the plaintiff must prove that the defendant owed the plaintiff the duty to care The defendants duty must have been designed to protect the plaintiff from injury This typically means that the defendant should have been aware of the particular accident and the risks that come with it Once a duty has been established the next step is in establishing causation is to establish the cause The plaintiffs injuries would not have occurred if the defendant hadnt been negligent This is the causation element In addition to obtaining compensation for medical expenses lost wages and other economic damages injured parties can recover noneconomic damages such as the pain and suffering disfigurement and loss of companionship These types of damages are usually more difficult to measure than financial losses however they can be extremely significant Insurance Although accidents are part of everyday life but they can also be devastating to your financial situation Insurance can help to alleviate the financial burden that injuries cause but its essential to understand what is and isnt covered Most states require drivers to be covered by liability car insurance which covers bodily injury and property damage caused by a collision with another vehicle Some states also require drivers to have uninsured motorist coverage or uninsured driver coverage Liability insurance also usually includes PIP personal injury protection benefits which cover medical costs for passengers injured in your vehicle These benefits pay for treatment regardless of who was at fault in the crash It is essential to file insurance claims as soon as possible after a collision to avoid delays This can be done online with an app for mobile phones or by calling the phone with the claims department Its a good idea to capture photos of the accident scene and take note of details such as license plates witnesses contact information and the extent of damage Youll also need a police report The report should include details about the car insurance policy and the contact information of the other driver Once youve filed a claim the insurer will send an adjuster in to investigate the accident and make an official determination of who was responsible The adjuster will request you to sign an authorization form for medical treatment so they can look over your bills and other records Once they have made their decision the insurance company will begin to reimburse you for the cost of your claim Subrogation is a longwinded process that can take a long time Damages Car accidents are very frequent and can result in severe injuries These can be physical injuries such as whiplash to mental disorders such as depression and posttraumatic stress disorder PTSD If youre the victim of a car accident you might be able to sue a negligent driver for damages car accident law firm newark allows you to seek funds to cover the damages you sustained in the crash including medical expenses property damage and lost wages If you are filing a lawsuit you must be able to prove that the driver who caused the accident was the one responsible for the crash This usually means the proof of negligence A reputable attorney for car accidents will assist you in gathering evidence to prove that the responsible party was responsible for your injuries They will review your case to determine what damages you could be entitled to The most common kind of damages a judge will decide in a car crash case is economic damages These are relatively easy to calculate and include things like medical bills as well as property damage and lost wages Noneconomic damages are a more complex type They are more difficult to quantify and typically involve emotional or mental distress A car accident lawyer will often seek out experts to assist them see the extent of your damage Experts can include economists life care planners and vocational rehabilitation specialists The amount of damages you can receive will depend on the severity of your injuries the impact they had on your quality life and the likelihood of suffering and pain in the near future In some cases punitive damages could also be awarded by a jury Settlements Settlements are often a quicker and more stressfree way for car accident victims of to settle their claims However they can also be a complex process that takes months or even years to complete The amount of money you can settle is contingent upon many factors including the complexity of your case as well as the evidence available The time frame can also change depending on whether the case is brought to court Before a settlement one can collect the most information about the incident This includes medical records police records and other relevant information It is also helpful to take pictures of the accident site and the injuries A lawyer can assist with this step by providing guidance regarding the best way to proceed and whether your claim will need to go to court This will help you meet deadlines and follow the proper procedures Once your lawyer has collected all the necessary information and information you could be able to settle your car accident claim quickly This could happen before you file a lawsuit or even prior to the trial Most cases settle much faster than going to trial The odds of getting positive results are quite high Since settlements decrease the amount of attorney fees that may be charged during a trial This is the reason A car accident settlement is a legal contract between you and the atfault driver that compensates you for your financial loss This can include medical bills lost wages and damaged property The amount of a settlement will vary depending on the severity of your injuries and other factors like the insurance coverage of the driver who is at fault Trials Trials are the most important component of car accident legal proceedings They are where both parties give evidence to a jury based on witnesses documents and other information If youre injured as a result of an accident involving a motor vehicle you may be entitled to recover damages from the person who caused your injuries These damages can include both economic and noneconomic damages The amount of a settlement is determined by the severity of your injuries Youll need to demonstrate how your injuries have affected your physical and psychological life This includes the cost of your medical bills lost wages and any pain and suffering that youve experienced This information will be utilized by your lawyer to build your case and determine the amount of compensation youre entitled to It is crucial to keep track of all expenses that result from an accident Most car accidents are resolved before a lawsuit is filed however some cases do will go to trial In this case youll need to find a seasoned lawyer who knows how to handle your case to trial Your lawyer will collaborate with the legal team on the other side to exchange information and evidence during this period This process is called discovery and can take a long time to complete or longer Following the discovery phase is over you can make a legal declaration to an official court known as motion Motions can be filed with the court asking it to do something such as exclude a certain piece of evidence The court will make a decision on the motion Then either party may proceed to trial