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Car Accidents Lawyers Near Me In the United States, car accidents are the leading cause of injury and death. They can be devastating emotionally, physically, as well as financially for victims and their families. If negligence by someone else causes an accident in a car, the victim could be entitled to compensation. This process is complex and requires an attorney to study the accident scene, collect evidence and deal with insurance companies. Insurance Coverage If you've been injured or property damage in an accident in your car it is crucial to understand your rights to be compensated. One of the most important sources of financial recovery is insurance. Your insurance policy can cover medical expenses, repairs or replacement of damaged vehicles, as well as the loss of income in the process of recovering from your injuries. Your insurance provider will only cover the limits of your policy. If your injuries are severe or require a significant amount of ongoing medical treatment the cost of such expenses could easily exceed your limit of coverage. In these instances it is possible to pursue a lawsuit for the chance to recover larger amounts of money for your losses. The best way to ensure you receive the financial settlement you're entitled to after an accident is to engage an experienced New York City car accident attorney. Our team at The Law Offices of Benjamin Disraeli will fight to defend your rights and maximize your compensation regardless of what type of insurance you've purchased. You may also sue to seek damages for suffering and pain that are not covered by insurance. These kinds of losses are very real and you should be compensated for your suffering or loss and emotional stress. Most people don't know however, insurance companies are bound by the legal “duty to defend.” This is a clause in your liability policy and means the insurer will provide you with a lawyer in the event you are sued for the consequences of an automobile accident. This is a good option because it makes sure that you don't have to personally cover the cost of fighting for yourself in court. This can be particularly beneficial in cases of hit-and-run accidents where the other driver might not have insurance. In these instances your Personal Injury Protection or Uninsured Motorists (UM) insurance will cover your medical costs and other losses while the policy of the motorist at fault is paid. You must notify your insurance company within a specific time period after an accident. The timeframe could be as little as five or ten days according to your policy. If you do not comply, the insurance company could cancel the policy and refuse to cover you or provide you with a lawyer if you are sued. Statute of limitations The statute of limitations is a law that defines how long after certain events, you are able to pursue legal action against an individual or a company. The statute of limitations could influence the amount and length of time you have to start your personal injury or wrongful-death suit. Typically, the statute of limitations 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 may be extended. It is important to speak with a car accident lawyer near me immediately to ensure that deadlines are met. One of the most important things to be aware of about the statute of limitations is that, if you do not meet it, your claim is almost certain to be deemed to be untimely and rejected. If there's no rare exception the odds of winning a case are virtually none. This is because the court is almost always unable to take your case on the basis on the law which states that you have to submit your personal injury lawsuit within three years from the date of the underlying accident. This is the case in any lawsuit arising from an automobile accident, regardless of whether you are suing for your personal injuries or those of a loved one, or for repairs or replacements of your vehicle or any property damaged by the crash. If you were a minor when your accident occurred, there is another noteworthy exception to the Statute of Limitations. The time limit is extended until the victim is 18 years old. This is because of the “tolling” law that is a notion in the law which states that courts treat minors as adults when they suffered their injury. If you are trying to claim personal injury against an insurance company, this can be a significant issue. Since the adjuster for insurance knows that you're not able to sue beyond the time limit and therefore, it can be a challenge to find a fair settlement your behalf. This could lead to losing time, money and resources on a lawsuit which may not have been necessary in the first time. Comparative Fault In the event of an automobile accident one of the most important factors you should consider is who is responsible. Depending on your state the attorney who handles car accidents can assist you in determining who is responsible and who you should sue to recover compensation. The majority of states have a system of comparative negligence, which means each party can be compensated dependent on the extent of their involvement in the accident. This can be a beneficial thing for drivers, as it makes it easier to collect compensation for injuries and losses. However, there are some problems with this system and it is suggested that you engage a skilled car accident lawyer to fight for your right to receive financial compensation for the damages. car crash attorneys near me can ensure that you have the highest chance of receiving an appropriate settlement from the at-fault driver. You will be responsible for paying medical bills, along with other expenses when the person who is at fault has no insurance. This can be a huge expense especially if you sustain serious injuries. Fortunately, there are some states that have a pure comparative fault system. This permits all parties involved in the collision to collect damages even if they are 100 percent responsible for the accident. This type of system is used by thirteen states including California and Florida. The drawback is that the amount of damages you could recover will be very small. This is because this system relies on the courts to decide which percentage of blame was attributable to each of the parties involved in the crash. If you are found to be 80 percent responsible for an accident, you'll only recover 40% of your financial damages. This can be a problem if the accident caused you to suffer severe injuries or if you lost a significant amount of work time. There are also other systems of comparative negligence that permit drivers to claim damages even when their fault is only one small percentage. These include contributory negligence, pure comparative fault and modified comparative fault. Hire an Attorney There are numerous reasons to hire an accident attorney for injuries sustained in a car crash. An attorney can help you file claims with your own insurance company, negotiate with the insurance company of the other driver on your behalf, or pursue an injury lawsuit against the other party. Based on the severity of your injuries, you could need compensation for injuries and suffering and medical expenses, lost wages or other damages. A competent lawyer will know how you should ask for, so you don't settle for less than you deserve. A lawyer for car accidents can help you negotiate with insurance companies to ensure that you receive a fair amount of compensation. If your insurance company denies your claim or offers you a settlement that does not fully cover your losses, your attorney can appeal to the court and argue for what you deserve. An experienced attorney can assist you in determining the law that applies to your specific situation and how local courts interpret the laws. This knowledge will allow you to save time in the process of research and paperwork, while you focus on recovering from injuries. 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 help you to get the money that you need to pay for damages and get back from injuries. If your injuries are serious they may require an amount of compensation to pay for doctor's appointments, surgery, physical therapy, and prescription drugs. These damages could help you deal with the long-term implications of your injuries, such as mental or physical distress, or chronic pain. A lawyer will attempt to show that the other driver was at fault for your injuries and financial loss. This isn't easy due to the many variables that go into determining who is at fault. You should speak with an attorney as soon as you can after the accident. This will enable them to investigate your case, collect 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 history of fighting for rights of the injured. They will know how to win large verdicts and settlements when insurance companies try to deny the value of your claim.