Blog entry by Lavina Bendrodt
Car Accidents Lawyers Near Me
Car accidents are one of the leading causes of injuries and deaths in the United States. They can be devastating to victims and their families, both emotionally and physically.
When someone else's negligence causes a car accident or other accident, the victim may be capable of filing a lawsuit and claim compensation. This process isn't easy and usually requires a lawyer to examine the crash scene, collect evidence and deal with insurance companies.
Insurance Coverage
It is essential to know your rights to compensation if you've been injured or sustained property damage from an accident. One of the first sources of financial recovery is insurance. Your policy may cover your medical expenses, repair or replacement of damaged vehicles, and lost income while recovering from your injuries. However, the insurance provider will only cover the policy limits.
If your injuries are serious or require a significant amount of ongoing medical treatment, the cost of such expenses can easily exceed coverage limits. In these instances an action lawsuit could offer the opportunity to recover larger amounts of money for the losses you have suffered.
Employing an experienced New York City auto accident attorney is the best way 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 you have.
A lawsuit can also help you get damages for pain and suffering, that aren't covered by your insurance company. These types of injuries can be very real and you deserve to be compensated for your pain loss, emotional distress.
Many people don't realize it, but insurance companies have a contractual "duty to defend." This is a part of the liability insurance policy. It means that the insurance company will provide a lawyer For car Accident near me when you are sued for damages due to an auto accident car lawyer. This is a good option because it makes sure that you don't have to pay the costs of representing yourself in court.
This is particularly useful in cases of hit and run accidents where the other driver may not have insurance. In such instances your Personal Injury Protection or Uninsured Motorists (UM) coverage will cover your medical costs as well as other losses while the policy of the at-fault driver is paid.
You must contact your insurance provider within a predetermined timeframe following an accident. The timeframe can be as short as 5 or 10 days, based on the language of your policy. If you do not comply, the insurer can void your insurance and refuse to provide you with a lawyer or coverage in the event of a lawsuit.
Statute of Limitations
The statute of limitations is a statute that outlines how long after certain events, you can take legal action against someone or company. It could affect the time you are required to bring a personal injury or wrongful death suit and the amount of damages that you can claim.
Typically the statute of limitation 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, which is why it's crucial to contact a lawyer who handles car accidents near me as soon as you can to ensure that deadlines are followed and your rights are protected.
One of the most important aspects to be aware of about the statute of limitations is that if you fail to meet it, your claim is almost certain to be barred and denied. Except for a exceptional circumstance, your chances of winning a lawsuit are nearly zero.
This is because a court is almost always unable to accept your case, based on the law which states that you must file your personal injury lawsuit within three years of the date of the initial accident. That's the same for any lawsuit arising out of a car accident whether it's a claim for injuries to you or your loved one, or the repair or replacement of your vehicle or other property that was damaged during the crash.
Another notable exception to the statute of limitations applies if you're not a minor at the time of your accident. In particular, under the law of "tolling," which is a legal concept that means courts treat minors as the case would be if they were an adult at the time of their injury, the statute of limitations is suspended until the person reaches the age of 18 in order to file a claim.
If you're trying to claim personal injury against an insurance company, this can be a huge issue. The adjuster for insurance is likely to find it difficult to negotiate for you, since they are aware that you can't pursue a lawsuit after the statute of limitations has expired. This could result in wasting time, money, and resources on a lawsuit that may not have been necessary in the first place.
Comparative Fault
When it comes to an auto accident, one of the most important factors to consider is who is responsible. A lawyer for car accidents can assist you in determining who is responsible and who you should sue.
The majority of states follow the concept of comparative negligence which means that every person involved in the incident is entitled to damages based on how much they contributed to the crash. This can be a beneficial option for drivers, since it makes it easier to claim compensation for injuries and losses.
There are some issues with the system. This is the reason why you should hire an experienced car accident lawyer to advocate on your behalf to receive financial compensation for damages. These attorneys car accident can ensure that you have the highest chance of obtaining an adequate settlement from the driver at fault.
You'll be responsible for paying your medical bills, as well as other expenses if the driver at fault does not have insurance. This can add up quickly especially if you sustain severe injuries.
There are states that recognize a pure comparative fault system that permits all parties involved in the collision to collect damages even if they're 100 percent responsible for the wreck. Thirteen states, including California, Florida and other states, are using this kind of system.
However, the drawback is that you'll be in a position to recover a tiny amount of damages. This is because the courts determine the proportion of blame each party to the accident is accountable for.
If you are found to be 80 percent responsible for an accident, you can only claim 40% of your monetary damages. This could be a huge issue if you suffered severe injuries or suffered a lot of time at work because of the crash.
There are other systems of comparative negligence that allow drivers to claim damages even when their fault is just an insignificant portion. These include contributory negligence, pure comparative fault and modified comparative fault.
Hire an attorney
There are many reasons to hire an accident lawyer for injuries sustained in a car crash. A lawyer can assist in filing a claim with your insurance company, negotiate with the insurance company of the other driver on your behalf, and file a personal injury claim against the other driver.
Depending on the extent of your injuries, you could require compensation for pain and suffering or medical expenses, loss of wages, or other damages. A good lawyer will know how much you can ask for to ensure that you do not settle for less than you deserve.
A lawyer for car accidents can negotiate with insurance companies and assist you to secure fair compensation. Your lawyer may take your case to court if your insurance provider refuses to accept your claim or offers a settlement which is not enough to pay for your damages.
An experienced lawyer can assist you in determining the laws that apply to your situation, and how local courts interpret them. This will help you save time in the form of paperwork and research, while allowing you to focus on your recovery.
They can also assist you to determine the amount of damages you are liable for, including medical expenses as well as lost income and diminished earning capacity. This will help you to receive the funds you need to cover your losses and recover from injuries.
If your injuries are serious you could require the largest amount of money to cover medical visits, surgeries or physical therapy, as well prescription drugs. These damages could assist you with the long-term effects of your injuries like mental or physical distress, or chronic pain.
A lawyer will show that the other driver was liable for your financial losses and injuries. This can be a difficult task because there are a lot of aspects that determine the cause of fault.
As soon as possible you should call an attorney. This will give them a chance to investigate your case, gather evidence and manage negotiations with the other party's insurance company on your behalf.
The best car wreck lawyers car accident lawyers near me should have a proven track record of fighting for injured victims' rights. They will be able to obtain huge settlements and verdicts when insurance companies try to deny the value of your claim.