When you get injured in a car accident, it can be hard to remembering everything that happened. What caused the collision? Were you partially at fault? If yes, how can you recover compensation for your damages and losses? Should you consider seeking legal help? New York is a no-fault car insurance state. This means you have to file an insurance claim with your own insurer first. There are limited circumstances when you can file a claim with the at-fault party’s insurer, or a personal injury lawsuit. Keeping these confusing laws in mind, you may want to consider talking to a Rochester personal injury attorney like King Law.
The “pure” comparative fault law
Every state has its own contributory negligence laws. In some states, if someone has minor role in causing the accident, they cannot recover anything. While in selected states, the modified comparative fault law comes into action, where a driver is barred from recovering anything if their share of fault is more than 50%. NY follows what is known as the “pure” comparative fault law. This means that one can recover damages, even when they have equal to or more than 50% of fault. For instance, if you were given $20,000 in damages, and are found to be 30% at fault, you will get $14,000 as the final settlement.
Why hire a car crash lawyer in NY?
There are many reasons why you may want to hire a car crash lawyer for your case in NY. Firstly, if you remember being partly at fault, do not assume that you cannot recover anything at all. Allow a personal injury attorney to evaluate your case and share all relevant details, so that their assessment is as fair as possible. Secondly, a skilled attorney knows what it takes to recover and maximum compensatory damages. They can negotiate with the insurance company and work on your side. Your also need a personal injury attorney to ensure that you don’t make a mistake that impacts your settlement.
New York has a “statute of limitations”, which allows only three years from the date of accident, to file personal injury lawsuits. By the time the insurance company denies your claim, or if they offer a very small amount, considerable time is already lost. Contact an attorney at the earliest, so that you can get genuine advice on how to take things head. Make sure that you get a personal injury attorney, who also has experience of trial.
