A car accident can have a severe impact on your life. Some car accidents are fatal, while others leave you with debilitating injuries that change how you live.
A New York City car accident lawyer can help you seek both economic and non-economic damages from an at-fault insurer. Economic damages include everything from medical bills to lost wages.
Comparative fault
There are times when more than one person is responsible for causing an accident and the resulting injuries. Most states have laws that determine how much fault each party should be assigned for the accident. In New York, for example, the statutes are found in CPLR 1411. This law is commonly referred to as comparative negligence. It is different from the contributory fault laws used in other states.
Contributory negligence rules typically bar a plaintiff from recovering damages if they are even 1 percent at fault for the accident. Comparative fault, on the other hand, allows victims to recover damages even if they are partially at fault for their accident. However, the amount of their recovery will be reduced in direct proportion to how much fault is attributed to them.
For example, if the defendant is 80-percent at fault for causing the accident, but the injured driver was 20-percent at fault because they were not wearing a seat belt, they can still recover 20-percent of their damages. This is a good thing, since the injured driver will need compensation to cover medical bills and other expenses.
The comparative fault rule can also be used in cases involving multiple vehicles and even pedestrians. The injured victim’s lawyer can argue that their injuries would have been less severe if they had been wearing a seat belt, for example.
Comparative fault can make car accident claims more complicated, and you will need an experienced attorney to represent you. A qualified personal injury lawyer can gather insurance information and police reports from the other driver’s insurer and act as your representative during negotiations and court appearances. The lawyer can help you obtain the maximum possible settlement for your injuries and losses.
Uninsured motorists
In New York, it is mandatory to have proof of liability insurance in order to operate a vehicle. If you fail to do so and are involved in a serious accident, the DMV could suspend your registration and driver’s license. However, even if you have the required coverage, it may not cover all of your damages and losses. Fortunately, the attorneys at Buttafuoco & Associates can help you recover compensation from uninsured drivers.
Our firm has extensive experience handling car accidents involving uninsured motorists. We understand how to approach these cases and will work hard to gather as much evidence as possible to support your claim. It is important to take photos of the crash scene, document any injuries you suffered, and collect witness statements. We can also secure expert witnesses to support your case.
Typically, a person can recover damages from the at-fault party’s liability insurance after a car accident in New York. But if the at-fault driver is uninsured, it can be time consuming and difficult to get compensation. This is why many people choose to invest in uninsured motorist coverage.
Uninsured motorist coverage works much like a standard bodily injury policy, in that you must notify your insurer of the accident and submit documents like medical bills and wage statements. Unfortunately, it is common for insurance companies to examine these claims with a microscope in order to find any excuse they can use to deny your claim. That is why it is essential to have an experienced lawyer by your side. We can handle every aspect of your case, including filing the proper paperwork and negotiating with the insurance company to ensure you receive fair compensation.
Damages
In New York, a person who has been in a car accident can claim damages for their losses. This can include medical bills, lost wages from being unable to work, and other expenses. A lawyer can help people recover the compensation they need to cover their losses. A lawyer can also help with the insurance process, negotiating with the insurer or filing a lawsuit against the at-fault party.
The first step in a car crash case is to determine the extent of your losses. An experienced attorney can help you compile a list of your economic and non-economic losses. Then, they can help you calculate the value of these losses. Non-economic damages are referred to as “pain and suffering.” These include compensation for physical pain, mental distress, humiliation, and loss of enjoyment of life. The amount of this damage can be difficult to quantify, and a lawyer can help you put a dollar figure on your pain and suffering losses.
A car accident can disrupt your daily life and leave you with lasting injuries. It can be stressful trying to get back on your feet, cover rent while you’re out of work, and pay for medical expenses. A lawyer can help you navigate the New York car accident insurance system and get the financial recovery you need to move on from a harmful collision.
An experienced car accident attorney can help you get the maximum settlement for your crash. They will understand the ins and outs of New York’s unique laws, including no-fault insurance rules, which can impact how much you are able to recover for your accident. They can also help you file a lawsuit against the at-fault driver if their insurance policy limits don’t cover your losses.
Medical bills
Fortunately, victims of car accidents can often recover sufficient payment for their medical bills in lawsuits or settlements against negligent drivers. Several factors can help them do this, including reporting their injuries to police officers and seeking immediate medical attention. Having a Brooklyn car accident lawyer can also make the process easier for victims.
The first step to getting the medical bills you need after a car accident is examining your own insurance policy. New York is a no-fault insurance state, which means that car owners turn to their own insurers for compensation after a crash, rather than suing the at-fault driver. However, you need to pay deductibles and copays in order for the insurance to cover your medical expenses.
Even if you have no-fault coverage, it may be difficult to get enough money from the insurance company to cover all your losses. This is because the insurance company aims to save money by lowering your claim amount or rejecting it altogether. This is why you need an experienced NYC car accident lawyer to protect your interests.
A lawyer can also help you file a lawsuit against the negligent driver. A lawsuit can allow you to recover additional damages, such as future medical expenses, loss of earnings, and non-economic damages, such as pain and suffering.
A car accident can have a devastating impact on your life and finances. It can take a long time to heal from your injuries, and you might have trouble covering your rent if you are unable to work. Moreover, the financial burden of paying your medical bills can make your situation even worse. Fortunately, most states offer some form of car accident victim compensation.
Settlements
Car accidents are one of the most common types of personal injury cases filed by lawyers. They can lead to serious injuries, property damage, lost wages, and even death. However, not all car accidents result in a claim. Some are minor and do not require a lawyer. In these cases, victims are often compensated through the car insurance system. This type of compensation covers the cost of medical bills, property damage, and lost wages. In addition, it may cover other non-economic damages, such as pain and suffering.
It can be difficult to place a value on something as subjective as “pain and suffering.” The final settlement will depend on several factors, including the severity of the injuries and their impact on your life. For example, a sprained wrist will not be as severe as a chronic migraine headache. An attorney will help you calculate these losses and make a strong case for their worth.
Hiring an attorney can speed up the process. They can help organize evidence, such as medical records, cell phone evidence, and crash photos. They can also discourage insurance companies from dragging their feet when submitting information or sending you a check. In addition, they can help you avoid arguments over pre-existing conditions that would reduce your compensation.
It is important to hire a New York City car accident attorney who has experience handling these types of claims. Inexperienced attorneys can make costly mistakes that could hurt your case. For example, they might negotiate with the insurance company too early or waive your right to a trial. An experienced NYC car accident lawyer will prevent these pitfalls and ensure that you receive the full amount you are entitled to.