While the insurance company wants to pay as little as possible, it can be tempting to settle for less than what you’re entitled to. A car accident lawyer’s job is to protect your rights and obtain maximum compensation for your injuries. Whether the accident was your fault or not, your lawyer will be able to determine if you have a valid claim.
Comparative negligence is a legal doctrine that allows injured plaintiffs to recover compensation based on the percentage of fault each party bears for the accident. In New York, the law for determining shared fault is found in Chapter 8 of the Civil Practice Law & Rules. Understanding how this rule works is key to a successful case. Here are a few examples of how comparative negligence works. A pedestrian who is struck by a car is 50% at fault for the collision. As a result, she would receive only 60% of the damages.
In addition to this, a plaintiff who shares fault in a car accident may be penalized by their own insurer by a percentage equal to their share of fault. Because of this, it is essential for a plaintiff to file an insurance claim and contact their insurance carrier as soon as possible.
Uninsured motorist coverage
If you are involved in a car accident, you may be entitled to compensation if the driver who hit you does not have adequate auto insurance coverage. An attorney can help you understand your options if this is the case. An attorney will investigate all possible sources of recovery for your accident, including the defendant’s insurance policy.
While it may seem like uninsured motorist coverage is the worst case scenario, it’s a valuable option to have in the covington car accident lawyer event of a car accident. This type of insurance coverage will help pay for damages to your vehicle and any personal property that you may have. It will even cover third parties in hit-and-run accidents where you were at fault.
Statute of limitations
A statute of limitations is a set period of time that runs from the date of the accident until the plaintiff can file suit. It generally begins to run from the date of the accident, but it can be extended in some cases. For example, if an accident occurred in November 2010, and the plaintiff failed to seek medical attention immediately, they have until October 25, 2015, to file a lawsuit. The statute of limitations will not affect a jury trial, but it will prevent the filing of a lawsuit if the plaintiff fails to do so within the prescribed time period.
Normally, you have three years to file a lawsuit, although there are exceptions to this rule. For example, if you died in the accident, the statute of limitations may be shorter. In addition, evidence has an expiration date. Key witnesses can forget details of the accident, physical artifacts like tire marks can fade away, and public records can be lost or deleted. The longer you wait, the harder it will be to prove your case.
One of the first steps in a car accident lawsuit is to identify the losses suffered by the victim. The injuries that result from a collision can be severe and may require the help of a car accident lawyer. In such cases, it is important to collect medical records and other documents that can be used as evidence of losses and damages. It is essential to document future medical expenses, lost wages, business losses, and any other economic losses incurred as a result of the collision. Car accident lawyers also work to establish fault and liability, fight any ticket citations, and present the truth to insurance companies.
There are two types of damages: economic damages and non-economic damages. The latter seek compensation for the injuries that are not quantifiable. The amount of general damages is usually determined by a jury. The amount of non-economic damages sought will depend on the severity of the injuries and the amount of care required. For example, a broken leg will require more extensive medical treatment than a bruise. However, the non-economic damages may not be as quantifiable, and they may be difficult to calculate. Regardless, a car accident attorney with experience in tort claims will ensure that you receive the full value of general and non-economic damages.