Car Accidents Lawyers Near Me
Car accidents are one of the leading causes of injury and death in the United States. They can be devastating for victims and their families, both emotionally and physically.
If someone else's negligence results in a car accident the victim may be entitled to compensation. The process is complicated and requires an attorney to examine the scene of the accident, collect evidence and deal with insurance companies.
Insurance Coverage
It is important to understand your rights to compensation if you've been injured or have suffered property damage from an accident. Insurance is one of the most important sources of financial recovery. Your insurance policy could cover your medical expenses, repairs or replacement of damaged vehicles, and the loss of income in the process of recovering from your injuries. However, the insurance provider will only pay up to the policy limits.
If your injuries are severe or require a substantial amount of ongoing medical treatment, the cost of such expenses can easily exceed insurance coverage limits. In these circumstances, a lawsuit may offer you the chance to recover additional money for your losses.
The best way to make sure you receive the financial settlement you are entitled to following an accident is to engage an experienced New York City car accident attorney. Our team at The Law Offices of Benjamin Disraeli fights to protect your rights, and maximize your compensation no matter what kind of insurance you have.
You may also sue to seek damages for suffering and pain that are not covered by insurance. These kinds of damages are usually real and you're entitled to full and fair compensation for the pain, loss of enjoyment, and emotional distress.
Insurance companies have the "duty to defend" which is a contractual obligation. This is a part of your liability insurance policy. It means that the insurer will provide a lawyer if you are sued for damages caused by a car accident. This is beneficial because it means that you won't need to pay for your own legal defense.
This is especially helpful when there is a hit-and run accident where the other driver might not have any coverage. In such cases, your Personal Injury Protection (PIP) or uninsured motorists (UM) coverage can take over and cover the cost of medical bills and other losses until the policy of the driver at fault reimburses you.
You must contact your insurance company within a specific time frame following an accident. The timeframe may be as short as five or ten days depending on your policy. If you fail to do so, the insurance company can void 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 law that outlines how long after certain events, it is possible to take legal action against a person or a business. The statute of limitation can determine the length and amount of time that you must file a personal injury lawsuit or wrongful-death suit.
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 may be longer in the event of wrongful death, which is why it's important to reach out to a car accidents lawyer near me as soon as you can to ensure that all deadlines are met and your rights protected.
If you fail to meet the deadline the claim is likely to be rejected and time-barred. Unless there's some kind of exceptional circumstance, your chances of winning a case are nearly null.
The court will probably never be able to hear your case if do not make a personal injury claim within three years of the date of the accident. This is the case for any lawsuit relating to an accident that involves a vehicle, whether you are suing for your own injuries or those of a loved ones or for repairs or replacements of your vehicle or other property damaged in the crash.
Another important exception to the statute of limitations is when you're in the midst of a minor at the time of your accident. In particular, under the law of "tolling," which is an legal term that implies courts treat minors as when they were adults at the time of their injury, the statute limitations is paused until the victim is at the age of 18 in order to file a claim.
If you're trying to claim personal injury against an insurance company, this could be a huge issue. The adjuster for insurance will find it difficult to negotiate for you, since they are aware that you cannot sue after the statute of limitations has expired. This could result in spending time, money and resources on an issue that may not have been necessary to start with.
Comparative Fault
In the event of a car accident it is crucial to identify who is to blame. Depending on your state the attorney who handles car accidents can assist you in determining the person who was at fault and who you can sue for compensation.
The majority of states follow the concept of comparative negligence which means that every participant in the crash is entitled to damages based on how much they contributed to the accident. This can be good for drivers as it allows them to collect compensation for injuries or losses.
However, there are some issues with this system and it is recommended that you engage a skilled car accident lawyer to fight for your right to claim compensation for your damages. These attorneys can ensure that you have the best chances of getting a fair settlement from the at-fault driver.
If the driver who caused the accident has no insurance, you will have to pay for your medical bills and other expenses out of pocket. This can quickly increase particularly if your injuries are severe.
There are a few states that have the system of comparative fault that is pure. This allows all parties to the collision to receive damages, even if they were 100 percent at fault. This kind of system is a requirement in thirteen states which include California and Florida.
Recommended Studying is that the amount of damages you are able to receive will be small. This is because the courts determine the percentage of blame each party to the accident has.
If you are found to be 80% at fault for an accident, you'll only claim 40% of your financial damages. This could be a major issue if you suffered severe injuries or lost a significant amount of time at work as a result of the accident.
Luckily, there are other types of comparative negligence that allow all drivers to claim their damages even if they were partly at fault. They include contributory negligence, pure comparative fault and modified comparative fault.
Hire an attorney
There are a myriad of reasons to engage an accident attorney if you've been injured in a car crash. A lawyer can assist you submit a claim to your insurance company, deal with the other driver's insurance company on your behalf, or pursue a personal injury suit against the other party.
Based on the severity of your injuries, you might need compensation for the pain and suffering or medical expenses, loss of wages or other damages. A competent lawyer will know how you should ask for, so you don't settle for less than you're entitled to.
An attorney who handles car accidents can assist you in negotiating with insurance companies to ensure that you receive fair compensation. Your attorney can present your case in court if your insurance company refuses you compensation or offers a settlement that is not enough to cover your damages.
An experienced attorney will help you establish the law that applies to your situation and how the local court system interprets them. This knowledge can save you time in the form of paperwork and research, while allowing you to focus on your recovery.
They can also assist you to calculate damages such as medical expenses as well as lost income and diminished earning capacity. This will allow you to get the funds you require to cover your losses and recover from your injuries.
If your injuries are severe and severe, you may require a high level of compensation in order to pay for doctor's appointments, surgery or physical therapy, as well as prescription drugs. These damages can also aid you in dealing with the long-term effects of your injuries, which include chronic pain and mental suffering.
A lawyer will work to prove that the other driver was responsible for your financial losses and injuries. This is a challenging task since there are many elements that affect determining the cause of fault.
As soon as possible, you should contact an attorney as soon as you can. This gives them a chance to investigate your case, gather evidence and handle negotiations with the other party's insurance company on your behalf.
The top car accident lawyers near me should have a track record of fighting for the rights of injured victims. They will know how to obtain huge settlements and verdicts opposition to insurance companies' efforts to reduce the value of your claim.