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New York Auto Accident Law A car accident attorney is your advocate and will ensure that your side of the story is heard He or she will bargain with the insurance company and argue your case front of a judge and jury if needed Certain states have the tort liability system while others have nofault laws or auto insurance Regardless there are still strict time limits known as statutes of limitations which must be adhered to Fault Determining who is at fault is an essential part of the insurance and legal process of claiming In certain cases such as rearend collisions or other similar situations it might seem evident but in other cases its not The degree of fault is determined by state laws and the facts of each case Certain states have pure comparative fault where your percentage of fault determines the amount of damages you are able to recover If youre found to be more than 51 responsible theres a an opportunity to recover some of your losses through additional coverage such as MedPay or PIP policies In addition some states use modified comparative blame These laws permit injured drivers to make use of their own insurance to cover their expenses even if theyre found partially accountable for the incident In the aftermath of an accident its normal to be shaken and want to point the finger at someone else However doing this could cause costly mistakes in the long run A good lawyer can help you avoid these pitfalls and get the answers you need quickly and accurately Damages Damages are compensations that pay a victim for financial losses they have suffered because of a negligent actions This kind of compensation can pay for a variety damages including medical expenses in addition to lost wages or income and even vehicle property damage A skilled attorney for car accidents will review receipts invoices and other financial documentation to calculate accurately the amount of special damages youre owed Noneconomic damages can be difficult to quantify and include intangible damages like pain and suffering Insurance firms are known to devalue this type of compensation It is imperative to consult an experienced tort lawyer to ensure that your damages have been properly assessed If youve suffered severe injuries or if the losses exceed the limits of insurance coverage in New York you may be able to avoid the nofault law by suing for both economic and noneconomic damages including pain and suffering auto accident law firm norman is a state that uses comparative negligence which means that your compensation will be reduced according to the percentage of fault you are assigned A competent lawyer will be able to maximize the amount of damages Statute of limitations In a car accident the statutes of limitations are the period of time that you must sue to recover damages Typically this is three years but can vary based on the kind of lawsuit and state laws Statutes of limitation are important in that they ensure that any claim filed in court is investigated properly before the deadline is up After this time it could be difficult to locate witnesses Physical artifacts such as tire marks and debris could disappear or become eroded and public records could be lost Witnesses are also likely to lose important information with the passage of time For example it would be untrue to expect witnesses to remember detailed information about an automobile accident that happened 15 years ago A statute of limitations prohibits plaintiffs from bringing a suit too early after the incident because it could bias the jury against them Its important to contact a 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 have car insurance This type of insurance is designed to pay the policyholder and their passengers for economic losses if they are involved in an accident regardless of who was at fault This type of insurance is called Personal Injury Protection PIP or nofault insurance In addition to PIP most New York policies include uninsuredunderinsured motorist coverage UMUIM This type of insurance pays victims who are injured by uninsured overinsured or hitandrun motorists UMUIM is typically offered in the amount of 25000 for a person and 50000 per accident Bodily Injury Liability covers the policyholder in the event that they are sued by a thirdparty for damages such as medical bills or property damage Third parties can also claim suffering and pain for injuries that are serious enough However the majority of 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 are stressful and expensive From car damages to medical expenses to lost wages They can be costly A lawyer can assist in determining the person responsible for the accident and seek compensation from the responsible party A lawyer can also make sure that your claim includes your entire expenses and losses They will consider your financial costs as also physical and emotional stress They will also take into account the impact of the injuries you sustained on your health In New York you may be eligible for compensation under your insurances Uninsured Motorist coverage UM when the negligent driver wasnt insured or carried the minimum amount required by the law An attorney can provide you with this possibility It is essential to choose an experienced lawyer for auto accidents Their knowledge and training put them in a better position to secure the compensation you deserve The insurance company of the defendant will be aware that your lawyer is willing to pursue the case which is often the reason for an offer of a higher settlement