Car accidents are one of the leading causes of injury and death in the United States. They can be extremely devastating emotionally, physically, as well as financially for the victims and their families.
If someone else's negligence causes a car accident, the victim could be entitled to compensation. This process isn't easy and often requires a lawyer to look into the scene of the crash, gather evidence, and discuss with insurance companies.
Insurance Coverage
It is important to know your rights to compensation if you have been injured or have suffered property damage as a result of an accident. One of the primary sources of financial recovery is insurance. The policy you have with you could 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 for up to the limits set by your policy.
If your injuries are severe or require a lot of ongoing medical treatment the coverage limits might not be sufficient to cover the costs. In these situations it is possible to pursue a lawsuit for the chance to recover larger amounts of money to compensate for your losses.
Employing an experienced New York City auto accident attorney is the best option to get the financial compensation that you deserve after an accident. Our team at The Law Offices of Benjamin Disraeli will fight for your rights and maximize your compensation regardless of what type of insurance you've purchased.
You may also sue to seek damages for suffering and pain that are not covered by insurance. These kinds of damages can be very real and you deserve to be compensated for your suffering and loss as well as emotional suffering.
Insurance companies have an "duty to defend" which is a contractual obligation. This is a part of your liability insurance policy. This implies that the insurer will provide a lawyer if you are sued for damages due to an automobile accident. This is a good thing as it allows you to make sure that you don't have to cover the expenses of representing yourself in court.
This is especially beneficial in cases of hit and run accidents, in which the other driver may not have insurance. In such cases your Personal Injury Protection or Uninsured Motorists (UM) insurance will cover your medical costs as well as other losses while the policy of the at-fault driver is paid.
You must contact your insurance provider within a specified amount of time following an accident. This time period can be as short as 5 or 10 days, based on the language of your policy. If you do not do so, the insurance company can void your insurance and refuse to provide you with a lawyer or coverage in case of a lawsuit.
Statute of limitations
The statute of limitations is a law that defines the time frame you have to bring an action against a firm or individual after a particular event. It may affect the length of time you have to file a personal injury or wrongful-death lawsuit and the amount of damages you will receive.
In New York, the statutes of limitations usually run for three years after the date of the accident, but there may be exceptions. In cases of wrongful death the statute of limitations could be longer. It is crucial to get in touch with a car wreck lawyer near me as soon as you can to ensure all deadlines are observed.
One of the most important aspects to know about the statute of limitations is that, if you do not meet the deadline your claim will almost certainly be time-barred and denied. Your odds of winning are nearly zero, unless you have a rare exception.
This is because a court is almost always unable to hear your case, based on the law that says that you have to bring your personal injury suit within three years of the date of the underlying accident. It's the same with any other lawsuit related to car accidents regardless of whether it's to claim injuries to yourself or a loved one, or for the repair or replacement of your vehicle or other property that was damaged during the collision.
Another important exception to the limitation period is if you're a minor 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 says courts treat minors as adults at the time they sustained their injury.
This could be a major issue if you're attempting to file a personal injury lawsuit against an insurance company. The insurance adjuster will have a difficult time trying to negotiate on your behalf, as they know that you are not able to pursue a lawsuit after the statute of limitation has expired. This could result in spending time, money, and resources on a lawsuit which may not have been necessary in the first place.
Comparative Fault
In a car crash, it is important to identify who is to blame. Depending on your state, a lawyer for car accidents can assist you in determining the person who was at fault and who you should sue to recover compensation.
The majority of states have a system of relative negligence, which means each party is entitled to damages according to their role in the accident. This is a good thing for drivers, as it allows them to collect damages for injuries and losses.
However, there are certain issues with this system, which is why it is recommended to employ a seasoned car accident lawyer to fight for your right to receive financial compensation for your injuries. They can help you obtain the most favorable settlement from the person who caused the accident.
If the at-fault driver is not insured, you will have to pay for your medical bills and other expenses out of pocket. This can be a huge expense especially if you sustain serious injuries.
There are some states that have a system of comparative fault which is completely independent. This allows all parties in the collision to receive damages, even if they were 100% at fault. This type of system is followed 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 percentage of fault that each person involved in the incident is responsible for.
This means that if you were found to be at least 80 percent responsible for the accident You can only recover 40 percent of your financial damages. This can be a significant issue if the victim suffered serious injuries or lost a lot of time at work as a result of the crash.
There are also other comparative negligence systems which permit drivers to claim damages even when their fault is only the smallest part. There are three kinds of comparative negligence that are: contributory negligence; pure comparative blame; and modified comparative liability.
Hire an Attorney
If you've been injured in a car accident there are plenty of reasons to retain an attorney. An attorney near me car accident can help you to file a claim with your insurance company, negotiate with the other driver's insurance company on your behalf, or even pursue a personal injury lawsuit against the other party.
Based on the severity of your injury it is possible to seek compensation for pain and suffering. It is also possible to get compensation for expenses for medical bills and lost wages, as well as other damages. A professional lawyer knows how much you can ask for to ensure that you do not settle for less than you're entitled to.
A car crash attorneys accident lawyer can negotiate with insurance companies and assist you to secure fair compensation. If your insurance company denies your claim, or offers you a settlement that does not fully cover your losses, your attorney can appeal to the court and argue for what you're entitled to.
An experienced attorney can assist you in determining the law that applies to your case, and how local courts interpret them. This can save you time in the form of paperwork and research, while allowing you to concentrate on your recovery.
They can also help you calculate damages such as medical costs, lost income, and diminished earning capacity. This will help you receive the funds you need to cover your losses and recover from injuries.
If your injuries are severe then you might require the most extensive amount of compensation to pay for surgeries, doctor's appointments and physical therapy, as well as prescription drugs. These damages can aid you in dealing with the long-term effects of your injuries, such as mental and physical pain that is constant.
A lawyer will work to establish that the driver who caused the accident was responsible for your injuries and financial losses. This can be a daunting task, as there are numerous aspects that determine fault.
As soon as possible you should get in touch with an attorney. This will enable them to investigate your case, collect evidence and bargain with the insurance company of the other party on your behalf.
The top car accident attorney lawyer accident lawyers for car accident near me near me will have a strong history of fighting for rights of victims. They will know how they can win large settlements and verdicts when insurance companies try to decrease the value of your claim.
