Car accidents are among the most frequent causes of injury and death in the United States. They can be extremely devastating emotionally, physically, as well as financially for victims and their families.
If negligence by someone else results in a car crash the victim might be capable of filing a lawsuit and receive compensation. This process isn't easy and often requires a lawyer to examine the scene of the crash, gather evidence and deal with insurance companies.
Insurance Coverage
If you've suffered injury or property damage from an automobile accident it is crucial to understand your rights to compensation. One of the most important sources of financial recovery is insurance. Insurance policies can provide for medical costs as well as repairs or replacements for damaged vehicles, and loss of income during the process of recovery. However, your insurance provider will only pay up to the policy limits.
If your injuries are serious or require a lot of ongoing medical attention, your coverage limits may not be sufficient to cover the expenses. In these circumstances, a lawsuit may offer you the chance of recovering more cash for your losses.
The best car accident lawyers near me way to ensure that you get the financial compensation you deserve following an accident is by hiring an experienced New York City car accident attorney. Our team at The Law Offices of Benjamin Disraeli will fight to protect your rights and maximize your compensation regardless of what kind of insurance you have.
You may also sue to recover damages for pain and suffering that are not covered by insurance. These kinds of damages can be real, and you deserve to be compensated for the pain or loss and emotional suffering.
Most people don't know, but insurance companies have the legal "duty to defend." This is a part of the policy of liability and it means the insurer will offer you a lawyer in the event you are sued over the damages caused by an auto accident. This is a good option because it makes sure that you don't have to personally cover the cost of fighting for yourself in court.
This is especially beneficial in the event of hit and run accidents, in which the other driver may not have coverage. In these situations the Personal Injury Protection or Uninsured Motorists (UM) insurance will cover your medical expenses as well as other losses while the at-fault motorist's policy is paid.
You must notify your insurance company within a specified time period after an accident. The time frame could be as short as five or ten days depending on your policy. If you do not, the insurer could cancel your policy and not cover you or provide an attorney if you are sued.
Statute of Limitations
The statute of limitations is a law which states how long you can bring an action against a firm or individual after a particular incident. It can impact the length of time you have to start a personal injury or wrongful death lawsuit, as well as the amount of damages you are awarded.
In New York, the statutes of limitations usually run for three years from the date of the incident, however there could be exceptions. It may be longer in cases of wrongful death, so it's essential to reach out to a car accidents lawyer near me as soon as possible to ensure that all deadlines are adhered to and your rights are protected.
If you do not meet the statute of limitation and file a claim, it's likely to be rejected and time-barred. The chances of winning virtually zero unless there is a rare exception.
This is because a court will almost always refuse to consider your case based on the law that says that you have to bring your personal injury suit within three years from the date of the initial accident. The same applies to any lawsuit related to a car accident regardless of whether it's for injuries to yourself or a loved one, or the repair or replacement of your vehicle or any other property that was damaged during the crash.
Another important exception to the statute of limitations is when you're in the midst of a minor at the time of your accident. The statute of limitations is extended until the victim is 18 years old. This is because of the "tolling" law which is a term in the law that states courts treat minors as adults at the time they sustained their injury.
This can be a big problem if you're trying to make a claim for personal injury against an insurance company. The insurance adjuster will have a difficult time trying to negotiate on your behalf, since they know that you are not able to pursue a lawsuit after the statute of limitation has expired. This can result in you losing time, money and resources on a case that might not have been needed at all.
Comparative Fault
In the event of a car accident, it is important to determine who is at fault. An attorney for car accidents can help you determine who is responsible, and who you should sue.
Most states have a system of comparative negligence, which means each party can receive damages dependent on the extent of their involvement in the accident. This can be a good thing for drivers as it makes it easier to collect damages for injuries and losses.
However, there are also some problems with this system and that's why it is advised to employ a seasoned car accident lawyer to defend your right to collect monetary compensation for the damages. These attorneys car accident can help you get the most money possible from the person who caused the accident.
You will be accountable for your medical bills, as well as other expenses when the person who is at fault is not insured. This can quickly add up particularly if your injuries are severe.
There are a few states that have a pure comparative-fault system. This allows all parties in the collision to receive damages regardless of being 100 percent at fault. This type of system is used by thirteen states, including California and Florida.
But the downside is that you'll only be not able to collect a substantial amount of damages. This is because the courts determine the proportion of blame that each party involved in the accident is accountable for.
This means that, if you were determined to be the majority responsible for the accident You can only recover 40 percent of your damages. This can be an issue if the accident caused you to suffer severe injuries or lose a lot of work hours.
There are also other comparative negligence systems that allow drivers to claim damages even if their fault is just a small part. They include contributory negligence, pure comparative fault and modified comparative fault.
Hire an Attorney
There are a myriad of reasons to engage an accident lawyer if you've been injured in a car crash. An attorney can assist you in filing claims with your own insurance company or negotiate with the insurance company of the other driver on your behalf, and file a personal injury lawsuit against the other driver.
Depending on the extent of the injuries you sustained, you could require compensation for pain and suffering as well as medical expenses, lost wages, or other damages. A skilled lawyer for car accidents near me will know how much to demand and ensures that you don't pay less than what you're entitled to.
A lawyer for car accidents can help you negotiate with insurance companies to ensure you get fair compensation. Your attorney can bring your case to the court if your insurance company denies you or offers a settlement that is not enough to cover your losses.
An experienced lawyer will assist you in determining the law that applies to your situation and how the local court system interprets them. This knowledge will allow you to save time on research and paperwork while focusing on your recovery from injuries.
You can also use them to calculate the amount of damages including medical expenses, lost income and diminished earning potential. This will assist you in get the money that you require to cover the costs of damages and get back from injuries.
If your injuries are serious, you may require the largest amount of money to cover medical visits, surgeries, physical therapies, and prescription drugs. These damages can help you deal with the long-term consequences of your injuries, including chronic pain and mental stress.
A lawyer will work to establish that the other driver was responsible for your financial losses and injuries. This is a challenging task because there are numerous factors to consider when determining the degree of fault.
It is recommended that you speak to an attorney immediately following the accident. This will allow them to investigate your case, collect evidence and negotiate with the insurance company of the other party on your behalf.
The best car accidents lawyers near me will have a proven track record of fighting for the rights of the injured. They know how to win big settlements and verdicts in against insurance companies' attempts to decrease the value of your claim.
