In the United States, car accidents are the leading cause of death and injury. They can be devastating for the victims and their families, both emotionally and physically.
If negligence by someone else causes a car accident the victim might be capable of filing a lawsuit and recover compensation. The process can be complex and often requires a lawyer to investigate the accident scene, gather evidence and discuss with insurance companies.
Insurance Coverage
It is crucial to know your rights to compensation in the event that you have been injured or sustained property damage from an accident. One of the most important sources of financial recovery is insurance. Your insurance policy can cover medical expenses, repairs or replacement of damaged vehicles, as well as lost income while you recover from your injuries. However, your insurance company will only pay up to the limits of your policy.
If your injuries are severe or result in a significant amount of ongoing medical treatment, the cost of such costs could easily exceed your insurance limits. In these circumstances the possibility of a lawsuit can give you the chance to recover more compensation for your losses.
The best way to make sure you receive the financial compensation you're entitled to after an accident is to hire an experienced New York City car accident attorney for car accident injury. Our team at The Law Offices of Benjamin Disraeli fights to defend your rights and maximize your compensation, regardless of what kind of insurance coverage you have.
You can also sue to seek damages for the pain and suffering that is not covered by insurance. These kinds of damages are very real and you should be compensated for the pain, loss, and emotional stress.
Many people don't realize it however, insurance companies are bound by an obligation to defend under a contract called a "duty to defend." This is part of your liability insurance policy. It implies that the insurance company will offer a lawyer if you are sued for damages caused by an automobile accident. This is advantageous because it means you don't have to pay for your own legal defense.
This can be especially beneficial in cases of hit-and-run accidents in which the driver at fault may not have insurance. In these situations your Personal Injury Protection (PIP) or uninsured motorists (UM) coverage could help to cover the costs of your medical bills and other expenses until the at-fault driver's policy will pay for the damages.
You must notify your insurance company within a certain amount of time following an accident. This period could be as short as 5 or 10 days, based on the language of your policy. If you fail to comply, the insurer could cancel your insurance and deny you with a lawyer or coverage in case of a lawsuit.
Statute of Limitations
The statute of limitation is a law that specifies how long you can file a lawsuit against a company or a person following a specific incident. It may affect the length of time you are required to start a personal injury or wrongful death lawsuit and the amount of damages you receive.
Typically the statute of limitations is three years from the date of the accident in New York, but there are exceptions to this rule. In cases involving wrongful deaths the statute of limitations may be extended. It is essential to contact a car accident lawyer near me right away to ensure that all deadlines are met.
One of the most important things to be aware of about the statute of limitations is that, if you do not meet the deadline the claim is almost certain to be deemed to be untimely and rejected. Except for a rare exception the odds of winning a case are virtually zero.
The court will likely not hear your case if you do not submit your personal injury lawsuit within three years from the date of the accident. This is the case for any lawsuit relating to a car accident, whether you're suing to recover your own injuries or those of a loved ones or for the repair or replacement of your vehicle or any property damaged by the crash.
Another notable exception to the limitation period is if you're an under-age person at the time of your accident. The statute of limitations is suspended until the victim turns 18 years old. This is because of the "tolling" law that is a notion in the law that states courts treat minors as adults at the time they sustained their injury.
If you are trying to claim personal injury against an insurance company, this could be a major problem. Since the insurance adjuster knows that you're not permitted to sue outside of the statute of limitations, it will be difficult to negotiate a fair settlement your behalf. This could result in you spending time and money in the case that might not have been necessary to start with.
Comparative Fault
In the event of an auto accident, one of the most important things you should consider is who is responsible. An attorney for top car accident lawyers accidents can assist you in determining who is responsible, and whom you should sue.
The majority of states use a comparative negligence system, which means that each participant in the accident can be awarded damages based upon how much they contributed to the crash. This is beneficial for drivers as it makes it easier for them to collect compensation for losses or injuries.
However, there are also some problems with this system, which is why it is recommended that you engage a skilled car accident lawyer car accidents to defend your right to collect monetary compensation for your injuries. These lawyers can ensure that you stand the best chance of obtaining an equitable settlement from the driver at fault.
You'll be accountable for medical bills along with other expenses when the driver who caused the accident is not insured. This can quickly increase especially if your injuries are severe.
There are a few states with the system of comparative fault that is pure. This allows all parties in the collision to receive damages, even if they were 100% at fault. Thirteen states, including California, Florida and other states, utilize this kind of system.
But the downside is that you'll be in a position to recover a tiny amount of damages. This is because the courts will determine the percentage of fault that each person involved in the incident is responsible for.
This means that if determined to be the majority responsible for the accident, you may only recover 40 percent of your damages. This could be a huge problem if you suffered serious injuries or were unable to work for a significant amount of time at work because of the accident.
There are other comparative negligence systems that permit drivers to claim damages even if their fault is only an insignificant portion. There are three kinds of comparative negligence: contributory negligence; pure comparative blame; and modified comparative liability.
Hire an attorney
There are a myriad of reasons to engage an accident lawyer for injuries sustained in a top car accident lawyers crash. A lawyer can assist in filing an insurance claim with your own insurance company or negotiate with the insurance company of the other driver on your behalf, and even file a personal injury suit against the other party.
Based on the severity of your injuries it is possible to seek compensation to compensate for pain and suffering. There may also be compensation for expenses for medical bills loss of wages, or other damages. A good lawyer will know how you should ask for to ensure that you don't settle for less than what you deserve.
A car accident lawyer can negotiate with insurance companies and assist you to find fair compensation. If the insurance company denies your claim, or offers you a settlement which doesn't cover all of your losses the lawyer may appeal to the court and fight for what you deserve.
An experienced attorney can assist you in determining which laws are applicable to your situation, and how local courts interpret the laws. This will help you reduce time spent on paperwork and research while focusing on your recovery from injuries.
They can also help you determine the amount of damages you are liable for, including medical costs loss of income, diminished earning capacity. This will help you get the money that you need to cover damages and recover from injuries.
If your injuries are severe, you may need the most extensive amount of compensation to pay for doctor's appointments, surgery physical therapy, prescription medications. These damages can also help you deal with the long-term consequences of your injuries, such as mental or physical distress, or chronic pain.
A lawyer will work to prove that the other driver was liable for your financial losses and injuries. This can be a challenge since a lot of factors go into determining fault.
You should speak with a lawyer as soon as possible after the crash. This will allow them to examine your case, gather evidence and discuss with the insurance company of the other party on your behalf.
The best car accidents lawyers near me will have an impressive history of fighting for rights of the victims. They be able to secure massive settlements and verdicts opposition to insurance companies' attempts to reduce the value of your claim.
