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Car accidents are among the leading causes of injuries and death in the United States. They can be devastating for victims and their families, both physically and emotionally.
If the negligence of someone else causes a car accident or other accident, the victim may be able to file a lawsuit and claim compensation. The process can be complex and often requires a lawyer to look into the scene of the crash, collect evidence and discuss with insurance companies.
Insurance Coverage
It is essential to know your rights to compensation if you have been injured or suffered property damage from an accident. One of the primary sources of financial recovery is insurance. Your insurance policy can cover medical expenses, repair or replacement of damaged vehicles, as well as lost income while recovering from your injuries. However, your insurance company will only pay for 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 costs could easily exceed your insurance coverage limits. In these instances, a lawsuit may offer you the chance to recover additional compensation for your losses.
The best method to ensure you get the financial compensation you're entitled to after an accident is to employ an experienced New York City car crash attorneys near me accident attorney. Our team at The Law Offices of Benjamin Disraeli will fight to defend your rights and maximize your compensation, regardless of what type of insurance you have.
A lawsuit can also help you obtain damages for pain and suffering that aren't covered by your insurance company. These types of injuries can be extremely real and you deserve to be compensated for the pain, loss, and emotional distress.
Most people don't know that insurance companies have a contractual "duty to defend." This is a part of your liability insurance policy. It implies that the insurer will provide a lawyer in the event that you are sued for damages caused by an accident in your car. This is beneficial because it means that you don't have to pay for your own legal defense.
This can be particularly beneficial when there is a hit-and run accident where the other driver might not have insurance. In such instances your Personal Injury Protection or Uninsured Motorists (UM) insurance will cover your medical expenses and other losses while the policy of the at-fault driver is paid.
You must contact your insurance company within a specified period of time following an accident. The time frame could be as short as five or ten days depending on your policy. If you don't comply, the insurer may void your policy and not cover you or provide you with an attorney if you are sued.
Statute of Limitations
The statute of limitation is a law which states how long you can file an action against a firm or individual after a particular incident. It can affect how long you must file a personal injury or wrongful death lawsuit and the amount of damages you are awarded.
In New York, the statutes of limitations are usually three years after the date of the incident, however there may be exceptions. It could be extended in a case of wrongful death, which is why it's important to get in touch with an attorney for car accidents near me as soon as possible to ensure that deadlines are followed and your rights are protected.
If you miss the statute of limitation, your claim is almost certain to be denied and time-barred. Your chances of winning are practically non-existent, unless there's a rare exception.
The court will almost never hear your case if you don't make a personal injury claim within three years of the date of your accident. That's the same for any other lawsuit related to car accidents regardless of whether it's for injuries to you or a loved one, or for the repair or replacement of your vehicle or any other property damaged during the crash.
Another notable exception to the statute of limitations is if you're not a minor at the time of your accident. Particularly, in the context of "tolling," which is an official term that essentially means courts treat a minor as the case would be if they were an adult at the time of their accident, the statute of limitations is paused until the victim reaches age of 18 to file their claim.
This could be a major issue if you're trying make a claim for personal injury against an insurance company. Since the insurance adjuster knows that you're not able to sue outside of the time limit which is why it's difficult to negotiate a fair settlement your behalf. This could result in you spending your time, money and resources on a case that may not be necessary in the first place.
Comparative Fault
In the event of a car accident it is important to determine who was at fault. In the case of your state, a top rated car accident lawyers accident attorney can help you determine who is responsible and whom you should sue for compensation.
Most states have a system of negligence that is comparative, meaning that every party could be awarded damages dependent on the extent of their involvement in the incident. This is beneficial for drivers, as it allows them to receive compensation for losses or injuries.
There are a few problems with the system. This is the reason why you should employ a skilled car accident lawyer to fight on your behalf to collect financial compensation for injuries. These lawyers can assist you receive the highest settlement possible from the driver at fault.
If the driver at fault is not insured then you'll have to pay for your medical bills and other expenses out of pocket. This can quickly become a burden particularly if your injuries are severe.
Fortunately, there are some states that are able to recognize a true comparative fault system, which permits all parties involved in the collision to recover damages, even if they're 99 percent responsible for the wreck. Thirteen states including California, Florida and other states, are using this kind of system.
The drawback is that the amount of damages you can recover will be very small. This is because the courts determine the percentage of fault that each person involved in the accident has.
This means that if found to be 80 percent at fault for the accident and you were found to be at fault, you can only claim 40 percent of your monetary damages. This could be a major problem if you suffered serious injuries or lost a lot of time at work because of the crash.
Luckily, there are different types of system of comparative negligence that allow all drivers to claim their losses even if they were partly at the fault. There are three kinds of comparative negligence: contributory negligence; pure comparative blame and modified comparative liability.
Employ an attorney
There are a myriad of reasons to engage an accident attorney after being injured in a car accident. An attorney can help you file an insurance claim with your own insurance company or negotiate with the insurance company of the other driver on your behalf, and even file an injury lawsuit against the other driver.
Depending on the extent of your injuries, you might require compensation for injuries and suffering and medical expenses, lost wages, or other damages. A reputable lawyer near me for car accident knows how much you should be asking for to ensure that you don't accept less than you deserve.
An attorney who handles car accidents can assist you in negotiating with insurance companies to ensure you are compensated fairly. If the insurance company denies your claim or offers a settlement that doesn't fully cover your damages Your lawyer can appeal to the court and argue for what you're entitled to.
An experienced attorney will help you determine the laws that apply to your particular situation and how the local court system interprets the laws. This will cut down in the form of paperwork and research, while allowing you to focus on your recovery.
You can also make use of them to calculate damages such as medical costs or lost income as well as a diminished earning potential. This will help you get the cash you need to cover damages and get back from injuries.
If your injuries are serious and severe, you may require a high level of compensation to cover surgeries, doctor's appointments, physical therapy, and prescription medications. These damages may also aid you in dealing with the long-term effects of your injuries, such as mental or physical distress, or chronic pain.
A lawyer will try to demonstrate that the other driver is responsible for your injuries and financial losses. This can be difficult, as many factors go into determining the fault.
As soon as possible you should get in touch with an attorney as soon as you can. This gives them a chance to examine your case, collect evidence and handle negotiations with the insurance company on your behalf.
The best car crash attorneys accidents lawyers near me will have an impressive track record of fighting for the rights of the injured. They know how to win huge settlements and verdicts when insurance companies try to decrease the value of your claim.