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Car Accidents Lawyers Near Me In the United States, car accidents are a leading cause of death and injury. They can be extremely devastating emotionally, physically and financially for victims and their families. If negligence by someone else causes a car accident and the victim is injured, they may be in a position to file a lawsuit and claim compensation. This process can be complicated and usually requires a lawyer to look into the accident scene, gather evidence, and discuss with insurance companies. Insurance Coverage If you've suffered injuries or property damage from the course of a car crash It is essential to understand your rights to compensation. One of the first sources of financial recovery is insurance. Insurance policies can pay for medical expenses, repairs or replacements of damaged vehicles, as well as lost income during recovery. Your insurance provider will only pay the limits of your policy. If your injuries are severe or require a large amount of ongoing medical care your insurance coverage may not be sufficient to cover the costs. In these situations, a lawsuit may offer you the chance to recover more money for your losses. car crash attorneys near me to ensure you get the financial compensation you are entitled to following an accident is to hire an experienced New York City car accident attorney. Our team at The Law Offices of Benjamin Disraeli fights to protect your rights and maximize your compensation irrespective of what type of insurance coverage you have. You may also sue to seek damages for the pain and suffering that is not covered by insurance. These kinds of losses are usually very real and you should be able to claim the full and fair amount of compensation for your pain and loss of enjoyment and emotional distress. Insurance companies have an “duty to defend” that is a legal obligation. This is a clause in your liability insurance policy. It means that the insurer will provide you with a lawyer in the event that you are sued for damages resulting from an accident. This is a great thing because it helps make sure that you don't have to pay the costs of fighting for yourself in court. This is especially helpful in the case of hit-and-run accidents in which the driver at fault may not have any coverage. In such cases your Personal Injury Protection or Uninsured Motorists (UM) coverage will cover your medical costs and other losses while the policy of the driver at fault is paid. You must notify your insurance company within a certain period of time after an accident. This period could be as short as 5 or 10 days, depending on the language of your policy. If you do not, the insurer may void the policy and refuse to cover you or provide a lawyer if you are sued. Statute of Limitations The statute of limitations is a law that defines the time frame you have to bring an action against a firm or a person following a specific event. It may affect the length of time you must start a personal injury or wrongful-death lawsuit and the amount of damages you receive. Typically the statute of limitations is three years from the date of the accident in New York, but there are exceptions to this rule. It could be longer in the case of wrongful death, which is why it's essential to contact a lawyer for car accidents near me as soon as you can to ensure that deadlines are followed and your rights are protected. If you fail to meet the statute of limitation your claim is almost guaranteed to be rejected and time-barred. The odds of winning are nearly zero, unless you have an exceptional circumstance. This is because the court will almost always refuse 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. This is true for any lawsuit related to an accident that involves a vehicle, whether you're suing to recover your own injuries or those of a loved one or to get repairs or replacements done to your vehicle or property damaged in the crash. If you were a minor when your accident occurred, there is another significant 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, which is a concept in the law that states courts treat minors as adults when they sustained their injury. This could be a major issue if you're attempting to file a personal injury lawsuit against an insurance company. The insurance adjuster will have a difficult time trying to negotiate on your behalf, as they know that you are not able to pursue a lawsuit after the statute of limitations has expired. This could result in you spending time and money in the case that might not have been needed at all. Comparative Fault In a car crash it is crucial to identify who is to blame. A lawyer for car accidents can help you determine who is responsible and whom you should sue. Most states have a system of comparative negligence, which means each party can be compensated dependent on the extent of their involvement in the incident. This can be good for drivers, as it allows them to claim compensation for injuries or losses. However, there are also some problems with this system which is why it is suggested that you engage a skilled car accident lawyer to fight for your right to receive financial compensation for your damages. These lawyers can ensure that you have the best chance of obtaining an equitable settlement from the at-fault driver. If the at-fault driver does not have insurance and you are not insured, you must pay for your medical bills and other expenses out of your own pocket. This can add up quickly, especially if you suffer serious injuries. There are states that support a pure comparative fault system. This allows all parties involved in the collision to collect damages even though they are 100% responsible for the wreck. This kind of system is followed by thirteen states, including California and Florida. The disadvantage is that the amount of damages you can collect will be minimal. This is because this system relies on the courts to decide which percentage of blame was assigned to each party involved in the crash. If you are found to be at least 80 percent responsible for an accident, you can only claim 40% of your financial damages. This could be an issue if the crash caused you to suffer serious injuries or to lose a significant amount of work hours. Luckily, there are different types of comparative negligence that allow all drivers to claim for their losses even if they were partially at fault. There are three kinds of comparative negligence: contributory negligence; pure comparative blame; and modified comparative liability. Employ an attorney If you're injured in a car accident there are a myriad of reasons to employ an attorney. A lawyer can assist in filing a claim with your insurance company and negotiate with the insurance company of the other driver on your behalf, and pursue an injury lawsuit against the other party. Depending on the extent of your injuries, you could need compensation for injuries and suffering as well as medical expenses, lost wages or other damages. A competent lawyer will know how much you can request so that you don't pay for less than you're entitled to. A lawyer who handles car accidents can negotiate with insurance companies and help you find fair compensation. If the insurance company denies your claim, or offers you a settlement that doesn't cover all of your losses the lawyer may appeal to the court and argue for what you're entitled to. An experienced lawyer can help you determine which laws are applicable to your particular situation, and how the local courts interpret the laws. This knowledge will help you save time in the form of paperwork and research, while allowing you to concentrate on your recovery. They can also help you determine the amount of damages you are liable for, including medical costs or lost income as well as diminished earning capacity. This will assist you in get the cash you require to cover the costs of damages and recover from injuries. If your injuries are severe, you may require an extensive amount of compensation to pay for doctor's appointments, surgery, physical therapies, and prescription medication. These damages can help you cope with the long-term consequences of your injuries, including chronic pain and mental stress. A lawyer will attempt to prove that the other motorist was at fault for your injuries and financial loss. This can be a challenge because there are a lot of elements that affect determining the fault. As soon as possible you should call an attorney as soon as you can. This will allow them to investigate your case, collect evidence, and bargain with the insurance company of the other party on your behalf. The best car accidents lawyers near me will have a solid record of fighting for the rights of the victims. They will know how to win large settlements and verdicts when insurance companies try to reduce the value your claim.