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Car Accidents Lawyers Near Me Car accidents are one of the leading causes of injuries and death in the United States. They can be extremely devastating physically, emotionally, and financially for the victims as well as their families. If someone else's negligence causes an accident in a car the victim may be entitled to compensation. This process can be complicated and often requires a lawyer who will investigate the crash scene, collect evidence and negotiate with insurance companies. Insurance Coverage It is crucial to know your rights to compensation in the event that you've been injured or sustained property damage in an accident. One of the first sources of financial recovery is insurance. Your insurance policy can pay for medical expenses repair or replacement of damaged vehicles and lost income during recovery. Your insurance company will only cover the policy limits. If your injuries are severe or require a significant amount of ongoing medical treatment your insurance coverage may not be enough to cover the costs. In these instances the possibility of a lawsuit can give you the chance to recover additional funds to cover your losses. The best way to ensure you get the financial compensation you're entitled to after an accident is by hiring an experienced New York City car accident attorney. Our team at The Law Offices of Benjamin Disraeli will fight to protect your rights and maximize your compensation regardless of what type 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 kinds of damages are often very real, and you deserve to receive an adequate and fair settlement for your suffering as well as loss of enjoyment and emotional stress. Insurance companies have a “duty to defend” which is a contractual obligation. This is a requirement of your liability insurance policy. It means that the insurer will provide an attorney in the event you are sued due to damages from an automobile accident. This is a good thing since it means that you won't need to pay for your own legal defense. This can be especially beneficial in cases of hit-and-run accidents in which the driver at fault may not have insurance. In these situations the Personal Injury Protection or Uninsured Motorists (UM) coverage will pay your medical costs and other losses, while the at-fault motorist's policy is paid. It is your responsibility to contact your insurance company within a specified amount of time after an accident. The timeframe can be as short as 5 or 10 days, based on the language of your policy. If you fail to do so, the insurance company can cancel your insurance and refuse to provide you with a lawyer or coverage in case of a lawsuit. Statute of Limitations The statute of limitations is a law that defines how long, after certain events, it is possible to bring legal action against an individual or a business. The statute of limitations could affect the amount and duration of time it takes to bring a personal injury or wrongful-death lawsuit. In New York, the statutes of limitations are usually three years from the date of the accident, although there are exceptions. It could be extended in cases of wrongful deaths, so it is crucial to get in touch with an attorney for car accidents near me as soon as you can to ensure that deadlines are followed and your rights are protected. If you do not meet the deadline for filing, your claim is likely to be rejected and time-barred. If there's no rare exception, your chances of winning a case are nearly zero. This is because the court will usually refuse to hear your case, based on the law stating that you have to bring your personal injury suit within three years from the date of the initial accident. This is the case for any lawsuit that is related to an accident in the car, whether you're suing to recover your personal injuries or the injuries of a loved one or for repairs or replacements of your vehicle or any property damaged by the crash. Another noteworthy exception to the statute of limitations is if you're not a minor at the time of your accident. The statute of limitations is suspended until the victim turns 18 years old. This is due to the “tolling” law, which is a concept in the law that stipulates courts treat minors as adults at the time they suffered their injury. If you are trying to claim personal injury against an insurance company, this could be a major issue. The insurance adjuster will find it difficult to negotiate on your behalf, since they know that you cannot sue after the statute of limitations has expired. This could result in you losing time, money and resources on a lawsuit which may not be necessary in the first place. Comparative Fault In the event of an automobile accident one of the most important issues to consider is who is responsible. Depending on your state the attorney who handles car accidents can help you determine who is at fault and who you can sue for compensation. The majority of states follow a comparative negligence system which means that every person involved in the incident is entitled to damages based on the amount they contributed to the accident. This can be good for drivers, as it allows them to receive compensation for any injuries or losses. There are some problems with the system. This is the reason why you should employ a skilled car accident lawyer to represent you to collect an amount of money for the damages. These lawyers will ensure that you stand the best chances of getting a fair settlement from the at-fault driver. If the at-fault driver has no insurance, you will have to pay for medical bills and other expenses out of your own pocket. It can be costly, especially if you suffer serious injuries. There are some states that have the system of comparative fault that is pure. This allows all parties in the collision to be compensated regardless of being 99 percent at fault. This kind of system is used by thirteen states, including California and Florida. The disadvantage is that the amount of damages that you can receive will be small. That's because this type of system relies on the courts to determine which percentage of blame was given to each person involved in the crash. If you are found to be at least 80 percent at fault for an accident, you can only claim 40% of your financial damages. This can be problematic if the incident caused you to suffer severe injuries or even lose a large amount of work hours. There are also other comparative negligence systems that allow drivers to claim damages even if their fault is only the smallest part. These include contributory negligence or pure comparative fault. modified comparative fault. Hire an attorney There are a variety of reasons to employ an accident lawyer for injuries sustained in a car crash. A lawyer can assist you make a claim with your insurance company, negotiate with the other driver's insurance company on your behalf, or even pursue an injury lawsuit against the other party. Depending on the severity of the injuries you sustained, you could require compensation for the pain and suffering and medical expenses, lost wages, or other damages. An experienced lawyer knows exactly what amount to ask for and ensures that you don't take less than what you are entitled to. A car accident lawyer can negotiate with insurance companies to help you obtain fair compensation. Your lawyer may present your case in the court if the insurance company denies you or offers a settlement that is not enough to compensate you for your losses. An experienced lawyer can help you determine the laws that apply to your situation, and how local courts interpret the laws. This will save you time on paperwork and research while allowing you to focus on your recovery. You can also make use of them to calculate damages including medical expenses loss of income, and diminished earning potential. This will assist you in receive the funds you need to pay for damages and get back from injuries. If your injuries are severe you could require a large amount of compensation to pay for doctor's appointments, surgery physical therapy, as well as prescription medications. attorney car accident injury can also help you cope with the long-term effects of your injuries, which include chronic pain and mental distress. A lawyer will work to establish that the other driver was accountable for your injuries and financial losses. It can be a difficult task due to the many variables that go into determining the fault. You should consult a lawyer as soon as you can after the crash. This will enable them to examine your case, gather evidence and bargain with the insurance company of the other party on your behalf. The top car accident lawyers near me will have a proven track record of fighting for the rights of injured victims. They will know how to win huge settlements and verdicts when insurance companies attempt to deny the value of your claim.