If you or someone you know is a victim of
a negligently caused car accident in New York, you may be concerned about which
parts of the state legislation will directly impact your auto accident
insurance claim and how you can go about suing the negligent party in order to
receive compensation.
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| If someone hits you need a Staten Island, NY car accident lawyer. Do not try to cut corners and work out deals without legal assistance, that will only cost you in the end. |
In this article, we have put together
the most important aspects of a personal injury claim according to stalwart
Staten Island, NY accident lawyers.
For the most part, there are two ways by
which you can receive compensation for the damages inflicted upon you. It can
be either through an auto accident insurance settlement or through winning a
personal injury lawsuit. You will certainly need the legal help in both cases.
Time
Limits for NY Personal Injury Lawsuits
Personal injury lawsuits are like most
other civil lawsuits subjected to a statute of limitations as per New York
state legislation. A statute of limitations is a deadline within which the
lawsuit must be officially filed after the accident has occurred. The statute
of limitations varies from one state to the other and is three years from the
date of the car accident in New York. Failure to file a personal injury lawsuit
within three years, will lead to it being dismissed.
This is precisely why New York accident
attorneys that it is important to get working on the lawsuit as soon as
possible. Your legal pro will need time to gather evidence and build the claim
in an effective and strategic manner.
New
York is a Comparative Fault State
When it comes to car accident laws,
states across the country adopt either no fault laws, fault laws or comparative
fault laws (or a slight variation or combination of one or more of these sets
of laws). New York happens to be a comparative fault law state.
According to Staten Island, NY accident
lawyers the law mandates that everyone involved in the car accident is
responsible for the resulting damages depending on the extent of their fault
involved in causing the auto accident.
At the end of the very short and disappointing
action scene in the movie Iron Man there was a car accident between Iron Man (Robert
Downey Jr.) and a mother with children in her car. The mother panicked and ran
over Iron Man when all she had to do was listen to Iron Man and not move forward
for a few seconds. Iron Man was trying to fight off evil in Obadiah Stane (Jeff
Bridges) and this mother caused a "car" accident when she did not have too.
Now Iron Man was not supposed to be in
the road and laws and rules do not cover fights between men in armored suits so
this woman does not really owe Iron Man anything since she did not know Iron
Man was fighting for her freedom in essence.
If you cause an auto accident on the road,
expect to be at fault. You are not Iron Man fighting off a violent and
dishonorable human being in a robotic armored suit loaded with weapons and so
on. Good luck if you use that excuse!
So for example, if X and Y are involved
in a car accident and it is determined that X is 40% at fault for causing the car
accident and Y is 60% at fault then accordingly, X will be held responsible for 40% of the
total damages and Y for the other 60% of the total damages.
However, while the courts are compelled
to follow this rule in any personal injury lawsuit that goes to trial, the
situation could be completely different if you decide to settle with the
insurer out of court. Don’t be taken aback if the insurance adjuster raises the
comparative fault rule. You can still have your legal counselor drive home a
hard bargain and negotiate what bearing the rule should be have on your claim.
Therefore, if you are injured
in an auto accident caused by a negligent car driver, just make sure
to reach out to a New York accident lawyer whether you wish to settle out of
court or take your case to trial.
This website Accident.USAttorneys.com is a game changer.
Unlike Iron Man it is real. Like Iron Man, it is noble and saves lives. If you
need legal help, this is the tool you need to use. Click and call.
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