Car Accidents Lawyers Near Me
Car accidents are one of the leading causes of injuries and death in the United States. They can be devastating emotionally, physically, and financially for the victims and their families.
If someone else's negligence results in a car accident and the victim is injured, they may be capable of filing a lawsuit and receive compensation. This process isn't easy and often requires a lawyer to examine the accident scene, gather evidence and discuss with insurance companies.
Insurance Coverage
If you've suffered injuries or property damage in a car accident it is crucial to understand your rights to be compensated. Insurance is among the most significant sources of financial recovery. Your insurance policy can be used to pay for medical expenses as well as repairs or replacements for damaged vehicles, and loss of income during recovery. However, the insurance provider will only cover up to the limits of your policy.
If your injuries are serious or result in a significant amount of ongoing medical treatment, the cost of such expenses can easily exceed your insurance limits. In these instances the possibility of suing could provide the opportunity to recover larger amounts of money to compensate for your losses.
Hiring an experienced New York City auto accident attorney is the best option to get the financial compensation that you are entitled to after an accident. Our team at The Law Offices of Benjamin Disraeli fights to protect your rights, and maximize your compensation, regardless of what kind of insurance you have.
A lawsuit could also assist you in obtaining damages for pain and suffering, which are not covered by your insurance company. These kinds of losses can be extremely real and you should be compensated for your suffering or loss and emotional distress.
A lot of people don't realize, but insurance companies have a contractual "duty to defend." This is a part of the liability insurance policy. It implies that the insurance company will offer a lawyer if you are sued for damages caused by a car accident. This is a great thing as it allows you to make sure that you don't need to personally cover the cost of fighting for yourself in court.
This is particularly useful in cases of hit and run accidents, in which the other driver might not have coverage. In such cases your Personal Injury Protection or Uninsured Motorists (UM) coverage will pay your medical expenses as well as other losses while the policy of the driver at fault is paid.
You must contact your insurance company within a specified time period after an accident. This period could be as short as 5 or 10 days, based on the language of your policy. If you don't comply, the insurer could revoke your policy and deny to cover you or provide you with an attorney if you are sued.
Statute of Limitations
The statute of limitations is a law that outlines how long, following certain events, you may pursue legal action against a person or company. It may affect the length of time you have to make a personal injury claim or wrongful death suit and the amount of damages you are awarded.
Typically the statute of limitations is three years from the date of the accident in New York, but there are exceptions to this rule. It could be extended in the case of wrongful death, so it is crucial to get in touch with a lawyer who handles car accidents near me as soon as possible to ensure that all deadlines are followed and your rights are protected.
If you don't meet the deadline for filing your claim is almost guaranteed to be rejected and time-barred. If there's no rare exception the odds of winning a case are almost nil.
This is because a courts will typically refuse to consider your case based on the law which states that you must make a personal injury claim within three years from the date of your underlying accident. It's the same with any other lawsuit related to car accidents regardless of whether it's for injuries to you or your loved one, or the repair or replacement of your vehicle or any other property damaged in the crash.
If you were a minor at the time your accident occurred, there is another notable exception to the Statute of Limitations. The statute of limitations is suspended until the victim turns 18 years old. This is because of the "tolling" law which is a term in the law that stipulates courts treat minors as adults at the time they sustained their injury.
This can be a huge problem if you're trying to make a claim for personal injury against an insurance company. The adjuster for insurance will be unable to negotiate on your behalf, since they are aware that you cannot pursue a lawsuit after the statute of limitations has expired. This could result in wasting time, money, and resources on a lawsuit that might not have been needed in the first place.
Comparative Fault
In a car crash it is important to determine who is at fault. An attorney for car accidents can assist you in determining who is at fault, and whom you should sue.
Most states employ a system of comparative negligence, which means that each party involved in the incident can be awarded damages based upon how much they contributed to the accident. This is beneficial for drivers since it makes it easier for them to receive compensation for losses or injuries.
There are a few issues with the system. This is why you should employ a skilled lawyer for your car accident to fight on your behalf to receive an amount of money for the injuries. These lawyers can ensure that you have the best chance of obtaining a fair settlement from the driver who was at fault.
You will be responsible for paying your medical bills and other costs when the person who is at fault has no insurance. This can quickly add up, especially if you suffer severe injuries.
There are some states that have an absolute comparative fault system. This allows all parties in the collision to claim damages, even if they were 100% at fault. Thirteen states, including California, Florida and other states, use this type of system.
The disadvantage is that the amount of damages you can receive will be small. This is because the courts will determine the proportion of blame that each party in the accident is accountable for.
If you are found to be 80 percent responsible for an accident, you can only recover 40% of your monetary damages. This could be an issue if the accident caused you to suffer serious injuries or to lose a significant amount of work time.
There are other types of comparative negligence that allow all drivers to claim their losses even if they were partially at the fault. They include contributory negligence pure comparative fault, and modified comparative fault.
Hire an Attorney
If you're injured in a car crash there are plenty of reasons to hire an attorney. An attorney can help you make a claim with your insurance company, negotiate with the insurance company of the other driver company on your behalf, or pursue a personal injury lawsuit against the other driver.
Depending on your injuries it is possible to seek compensation for suffering and pain. You could also require compensation for expenses for medical bills and lost wages, as well as other damages. A good lawyer knows how much you should be asking for in order to ensure that you do not accept less than you deserve.
A lawyer who handles car accidents can negotiate with insurance companies and assist you to secure fair compensation. If your insurance company denies your claim, or offers you a settlement which doesn't fully cover your damages your lawyer can appeal to the court and fight for what you deserve.
An experienced attorney can assist you in determining the laws that apply to your specific situation and how the local courts interpret them. This knowledge will help you save time on paperwork and research while focusing on recovery from injuries.
You can also utilize them to calculate damages like medical expenses, lost income and diminished earning potential. Read A great deal more will help you obtain the money you need to pay for your expenses and recover from your injuries.
If your injuries are severe then you might require the most extensive amount of compensation to cover medical appointments, surgery and physical therapy, as well as prescription drugs. These damages can assist you with the long-term effects of your injuries, which include chronic pain and mental suffering.
A lawyer will try to prove that the other motorist was responsible for your injuries and financial losses. It can be a difficult task, as many factors go into determining fault.
As soon as you can you should speak with an attorney. This will allow them to examine your case, collect evidence and conduct negotiations with the insurance company on your behalf.
The top car accident lawyers near me will have a proven track record of fighting for injured victims' rights. They know how to win large verdicts and settlements when insurance companies try to decrease the value of your claim.