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 the victims and their families both emotionally and physically.
If someone else's negligence causes a car accident, the victim could be entitled to compensation. This is a complicated process and requires an attorney to examine the accident scene, collect evidence, and deal with insurance companies.
Insurance Coverage
If you've suffered injury or property damage as a result of an automobile accident, it is important to understand your rights to compensation. Insurance is one of the most important sources of financial recovery. Your insurance policy can cover medical expenses, repairs or replacement of damaged vehicles, and lost income while recovering from your injuries. However, your insurance company will only cover up to the policy limits.
If your injuries are serious, or require a lot of ongoing medical treatment your insurance coverage may not be sufficient to cover the costs. In these cases, a lawsuit may offer you the chance to recover more funds to cover your losses.
Engaging a knowledgeable New York City auto accident attorney is the best option to get the financial compensation that you are entitled to following an accident. Our team at The Law Offices of Benjamin Disraeli fights to protect your rights and maximize your compensation no matter the type of insurance coverage you have.
You can also sue to recover damages for pain and suffering that are not covered by insurance. These types of harms can be real, and you deserve to be compensated for the pain loss, emotional distress.
Many don't know however, insurance companies are bound by an obligation to defend under a contract called a "duty to defend." This is a part of your liability insurance policy. This means that the insurer will provide a lawyer if you are sued for damages caused by an auto accident. This is a good thing since it means that you won't need to pay for your own legal defense.
This is especially helpful in the event of hit and run accidents where the other driver may not have insurance. In these circumstances you can use your Personal Injury Protection (PIP) or uninsured motorists (UM) coverage can take over and cover the cost of medical bills and other expenses until the at-fault driver's policy reimburses you.
You must contact your insurer within a certain amount of time after an accident. The time frame can be as short as 5 or 10 days, depending on the language of your policy. If you do not, the insurer may void your policy and deny to cover you or provide you with an attorney in the event that you are sued.
Statute of limitations
The statute of limitations is a law that defines how long after certain events, you can bring legal action against a person or a business. The statute of limitations may determine the length and amount of time you have to file a personal injury lawsuit or wrongful death lawsuit.
In New York, the statutes of limitations usually run for three years after the date of the accident, although there may be exceptions. In the case of wrongful deaths, the statute of limitations may be extended. It is crucial to contact a car accident lawyer near me immediately to ensure that all deadlines are observed.
If you miss the deadline for filing and file a claim, it's almost guaranteed to be rejected and time-barred. Your chances of winning are practically non-existent, unless there's an exceptional circumstance.
This is because a courts will typically refuse to consider your case based on the law that states that you have to make a personal injury claim within three years of the date of the initial accident. This is the case in any lawsuit arising from an automobile accident, regardless of whether you're suing for your own injuries or the injuries of a loved one or for the repair or replacement of your vehicle or any property damaged by the accident.
If You Tube were a minor at the time your accident occurred, there's an additional exception to the Statute of Limitations. The statute of limitations is suspended until the victim turns 18 years old. This is due to the "tolling" law that is a notion in the law that stipulates courts treat minors as adults at the time they suffered their injury.
This can be a big problem if you're trying to file a personal injury lawsuit against an insurance company. Insurance adjusters will be unable to negotiate for you, since they know that you are not able to sue after the statute of limitation has expired. This could result in wasting time, money, and resources on a case that may not have been needed in the first place.
Comparative Fault
In the event of an accident in the car one of the most important factors you should consider is who is responsible. Depending on your state, a car accident attorney can help you determine who is responsible and who you can sue for compensation.
Most states employ the concept of comparative negligence which means that every participant in the crash may be awarded damages based on the amount they contributed to the crash. This is a great thing for drivers, as it makes it easier to collect compensation for losses and injuries.
However, there are also some problems with this system which is why it is recommended that you hire an experienced car accidents lawyer to fight for your right to collect monetary compensation for your damages. These lawyers can ensure that you have the best chance of receiving an equitable settlement from the at-fault driver.
You will be accountable for medical bills along with other expenses when the driver who caused the accident is not insured. This can quickly become a burden particularly if your injuries are severe.
There are a few states that have an absolute comparative fault system. This allows all parties in the collision to be compensated regardless of being 100% at fault. Thirteen states, including California, Florida and other states, utilize 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 blame that each party involved in the accident is accountable for.
This means that, if you were found to be 80 percent responsible for the accident You can only recover 40 percent of your monetary damages. This can be an issue if the accident caused you to suffer severe injuries or if you lost a significant amount of work time.
Luckily, there are other types of system of comparative negligence that allow everyone to claim their losses even if they are partially at fault. There are three kinds of comparative negligence: contributory negligence; pure comparative blame; and modified comparative liability.
Hire an Attorney
If you're injured in a car accident, there are a number of reasons why you should hire an attorney. A lawyer can assist you submit a claim to 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 party.
Depending on the extent of your injuries, compensation may be needed to cover suffering and pain. It is also possible to get compensation for expenses for medical bills loss of wages, or other damages. A knowledgeable lawyer will know much you can ask for to ensure that you don't settle for less than you're due.
A lawyer who handles car accidents can negotiate with insurance companies to help you find fair compensation. If the insurance company denies your claim, or offers a settlement that doesn't cover all of your losses the lawyer may appeal to the court and argue for what you deserve.
An experienced attorney can help you determine the law that applies to your situation, and how the local courts interpret the laws. This knowledge can help you reduce time spent in the process of research and paperwork, while you focus on recovering from injuries.
They can also assist you to determine the amount of damages you are liable for, including medical costs, lost income, and diminished earning capacity. This will help you to get the cash you need to cover damages and recover from injuries.
If your injuries are serious they may require the most extensive amount of compensation to pay for doctor's appointments, surgery and physical therapy, as well as prescription medications. These damages can also aid you in dealing with the long-term consequences of your injuries, including chronic pain and mental distress.
A lawyer will try to establish that the other driver was the one responsible for your injuries and financial losses. This can be a challenge, as there are many factors to consider when determining fault.
You should consult an attorney within the shortest time possible following the crash. This will enable them to investigate your case, collect evidence, and discuss with the insurance company of the other party on your behalf.
The top car accident lawyers in my area should have a proven track record of fighting for injured victims' rights. They be able to secure massive settlements and verdicts in the faces of insurance companies' attempts to diminish the value of your claim.