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Car Accidents Lawyers Near Me In the United States, car accidents are a leading cause of injury and death. They can be devastating emotionally, physically and financially for the victims as well as their families. If negligence by someone else causes a car accident the victim may be entitled to compensation. This is a complex process that requires an attorney to study the accident scene, collect evidence, and deal with insurance companies. Insurance Coverage It is important to understand your rights to compensation in the event that you have been injured or suffered property damage as a result of an accident. Insurance is among the most important sources of financial recovery. Insurance policies can be used to pay for medical expenses repair or replacement of damaged vehicles as well as loss of income during recovery. Your insurance company will only pay the limits of your policy. If your injuries are serious or require a lot of ongoing medical care the coverage limits might not be sufficient to cover the costs. In these circumstances, a lawsuit could give you the chance to recover additional compensation for your losses. Employing a seasoned New York City auto accident attorney is the best method to secure the financial compensation that you are entitled to following an accident. Our team at The Law Offices of Benjamin Disraeli fights to defend your rights and maximize your compensation regardless of what type of insurance coverage you have. You may also sue to recover damages for the pain and suffering that is not covered by insurance. These types of injuries are very real and you should be compensated for your suffering or loss and emotional trauma. Many people don't realize it however, insurance companies are bound by an obligation to defend under a contract called a “duty to defend.” This is part of your liability policy, which means the insurer will provide a lawyer in the event you are sued due to damages resulting from an accident. This is beneficial because it means that you don't have to pay for your own legal defense. This can be especially beneficial in the case of hit-and-run accidents in which the other driver might not have insurance. In such cases the Personal Injury Protection or Uninsured Motorists (UM) coverage will pay 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 specified amount of time following an accident. This period of time can be as short as five or ten days, depending on the policy you have. If you fail to do so, the insurance company may cancel your insurance and deny you with a lawyer or coverage in the event of a lawsuit. Statute of Limitations The statute of limitations is a law that outlines how long, after certain events, you can take legal action against a person or company. car accidents attorneys can affect how long you are required to file a personal injury or wrongful-death lawsuit and the amount of damages you are awarded. Typically the statute of limitation is three years from the date of the accident in New York, but there are exceptions to this rule. In cases of wrongful death, the statute of limitations could be longer. It is crucial to contact a car accident lawyer near me right away to ensure that all deadlines are fulfilled. One of the most important aspects to know about the statute of limitations is that if you miss the deadline the claim is almost certain to be deemed to be untimely and rejected. Your chances of winning are virtually zero unless there is an exceptional circumstance. This is because the court will almost always refuse to consider your case based on the law that says that you must file your personal injury lawsuit within three years of the date of your underlying accident. The same applies to any lawsuit arising out of a car accident, whether it's for injuries to yourself or a loved ones, or for the repair or replacement of your vehicle or property that was damaged during the accident. Another noteworthy exception to the limitation period is if you're in the midst of a minor at the time of your accident. Specifically, 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. This could be a huge issue if you're attempting to seek a personal injury claim against an insurance company. The insurance adjuster will be unable to negotiate on your behalf, since they are aware that you can't pursue a lawsuit after the statute of limitation has expired. This could result in wasting time, money, and resources on a lawsuit which may not have been necessary in the first place. Comparative Fault When it comes to a car accident, one of the most important issues you should think about is who is at fault. A lawyer for car accidents can assist you in determining who is responsible and who you should sue. The majority of states use a comparative negligence system which means that each participant in the accident is entitled to damages based on the amount they contributed to the accident. This is a good idea for drivers since it helps them collect compensation for losses and injuries. However, there are some problems with this system and it is advised to hire an experienced car accidents lawyer to fight for your right to collect monetary compensation for your damages. These lawyers will ensure that you have the highest chances of getting a fair settlement from the driver who was at fault. If the driver who caused the accident does not have insurance then you'll have to pay for medical bills and other expenses out of pocket. This can add up quickly particularly if you suffer serious injuries. There are certain states that operate an absolute comparative fault system. This allows all parties to the collision to receive damages, even if they were 100 percent at fault. This type of system is followed by thirteen states including California and Florida. The downside is that the amount of damages that you can recover will be very small. This is because the courts determine the percentage of blame each party to the incident is responsible for. If you are found to be 80% at fault for an accident, you can only claim 40% of the monetary damages. This could be a problem if the accident caused you to suffer severe injuries or if you lost a significant amount of work hours. There are also other comparative negligence systems which allow drivers to claim damages even when their fault is just a small part. There are three types of comparative negligence which are contributory negligence, pure comparative blame; and modified comparative liability. Hire an Attorney There are numerous reasons to hire an accident attorney after being injured in a car crash. An attorney can help you make a claim with your insurance company, negotiate with the other driver's insurance company on your behalf, or even pursue a personal injury suit against the other driver. Based on the severity of your injury it is possible to seek compensation in order to treat the pain and suffering. There may also be compensation for expenses for medical bills and lost wages, as well as other damages. A competent lawyer will know how you should ask for to ensure that you don't settle for less than you're due. A car accident lawyer can negotiate with insurance companies and help you get fair compensation. Attorneys can take your case to court if your insurance provider refuses to accept your claim or offers a settlement that does not fully cover your damages. An experienced attorney can assist you in determining which laws are applicable to your particular situation, and how the local courts interpret them. This will help you save time on paperwork and research while allowing you to concentrate 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 help you obtain the money you need to pay for damages and recuperate from injuries. If your injuries are severe then you might require the most extensive amount of compensation to pay for consultations with a doctor, surgery and physical therapy, as well as prescription drugs. These damages can help you deal with the long-term consequences of your injuries, like chronic pain and mental suffering. A lawyer will try to establish that the other driver was responsible for your injuries and financial loss. This is a challenging task because there are many elements that affect determining the fault. As soon as possible you should speak with an attorney as soon as you can. This will enable them to investigate your case, collect evidence and negotiate with the insurance company of the other party on your behalf. The top car accident lawyers near me will have a proven record of fighting for the rights of the injured. They know how they can win large verdicts and settlements when insurance companies try to lower the value of your claim.