Car Accidents Lawyers Near Me
In the United States, car accidents are the leading cause of injury and death. They can be devastating to victims and their families, both emotionally and physically.
If someone else's negligence causes a car crash, the victim could be entitled to compensation. The process is complicated and requires an attorney to investigate the scene of the accident and collect evidence, and deal with insurance companies.
Insurance Coverage
If you've suffered injuries or property damage from a car accident it is crucial to understand your rights to compensation. Insurance is one of the most important sources of financial recovery. Your policy may cover your medical expenses, repairs or replacement of damaged vehicles, and the loss of income in the process of recovering from your injuries. Your insurance company will pay the limits of your policy.
If your injuries are severe or result in a significant amount of ongoing medical treatment the cost of such expenses could easily exceed your insurance coverage limits. In these circumstances an action lawsuit may give you the chance of recovering more cash for your losses.
Employing an experienced New York City auto accident attorney is the best option to get the financial compensation you deserve following an accident. 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 pain and suffering that are not covered by insurance. These types of harms are usually very real and you are entitled to an adequate and fair settlement for the pain, loss of enjoyment, and emotional distress.
Insurance companies have a "duty to defend" which is a contractual obligation. This is a requirement of your liability policy, which means the insurer will provide you with a lawyer in the event you are sued due to the consequences of an automobile accident. This is a good idea because it will make sure that you don't have to personally cover the cost of representing yourself in court.
This is especially beneficial in cases of hit and run accidents, when the other driver may not have insurance. In these circumstances you can use your Personal Injury Protection (PIP) or uninsured motorists (UM) coverage could step in and cover the costs of your medical bills and other losses until the policy of the driver who is at fault covers the cost.
It is your responsibility to contact your insurance company within a specified amount of time after an accident. The timeframe can be as short as five or ten days subject to the terms of your policy. If you fail to comply, the insurer could cancel your insurance and refuse to provide you with coverage or a lawyer in case of a lawsuit.
Statute of Limitations
The statute of limitations is a statute that outlines how long after certain events, you are able to file legal action against an individual or company. The statute of limitations may influence the amount and length of time that you must file a personal injury lawsuit or wrongful-death lawsuit.
Typically the statute of limitation is three years from the date of the accident in New York, but there are exceptions to this rule. In the case of wrongful deaths, the statute of limitations may be longer. It's important to speak with a car accident lawyer near me right away to ensure that all deadlines are observed.
If you miss the deadline your claim is almost certain to be denied and time-barred. The odds of winning are nearly zero, unless you have a rare exception.
This is because a court will almost always refuse to accept your case, based on the law which states that you must file your personal injury lawsuit within three years from the date of the initial accident. This is true for any lawsuit relating to an accident that involves a vehicle, whether you are suing for your own injuries or the injuries of a loved one, or to seek repairs or replacements for your vehicle or any property damaged by the crash.
Another important exception to the limitation period is if you're a minor at the time of your accident. Particularly, in the context of "tolling," which is an official term that essentially means courts treat minors as when they were adults at the time of their accident, the statute of limitations is suspended until the victim reaches the age of 18 to file their claim.
This can be a big problem if you're trying pursue a personal injury claim against an insurance company. Since the adjuster for insurance knows that you're not permitted to sue beyond the statute of limitations which is why it's difficult to negotiate a fair settlement on your behalf. This could result in you wasting time, money, and resources on a case that may not have been necessary in the first time.
Comparative Fault
In the event of a car accident one of the most important things to consider is who is responsible. In the case of your state an attorney for car accidents can assist you in determining who is at fault and who you should sue for compensation.
Most states have a system of comparative negligence, which means that each party can receive damages according to their role in the accident. This can be a good idea for drivers since it allows them to collect compensation for losses and injuries.
However, there are some issues with this system and it is recommended to employ a seasoned car accident lawyer to fight for your right to collect monetary compensation for your damages. They can help you get the most money possible from the person responsible for the crash.
You'll be accountable for your medical bills along with other expenses in the event that the driver at fault does not have insurance. This can add up quickly particularly if you suffer severe injuries.
There are states that have a pure comparative fault system that allows all parties involved in the collision to claim damages even if they're 99 percent responsible for the accident. Thirteen states including California, Florida and other states, utilize this kind of system.
The drawback is that the amount of damages you are able to receive will be small. This is because the courts determine the percentage of fault that each party involved in the accident has.
If you are found to be at least 80 percent at fault in an accident, you can only claim 40% of the monetary damages. This could be problematic if the incident caused you to suffer serious injuries or even lose a large amount of time at work.
There are other types of comparative negligence systems that allow everyone to claim their losses even if they were partially at the fault. There are three types of comparative negligence that are: contributory negligence; pure comparative blame; and modified comparative liability.
Employ an attorney
There are a myriad of reasons to engage an accident attorney when you've been injured in a car accident. A lawyer can assist you make a claim with your insurance company, negotiate with the insurance company of the other driver company on your behalf, or pursue an injury lawsuit against the other driver.
Depending on austin car accident attorney of your injuries, you could require compensation for injuries and suffering and medical expenses, lost wages or other damages. A knowledgeable lawyer will know much to ask for to ensure that you don't settle for less than you're entitled to.
A car accident lawyer can negotiate with insurance companies to help you find fair compensation. Your lawyer may present your case in the court if the insurance company refuses to pay or offers a settlement which is not enough to pay for your damages.
An experienced lawyer can help you determine which laws apply to your situation, and how local courts interpret them. This knowledge will help you save time on research and paperwork while focusing on your recovery from injuries.
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