If you’ve been injured in a car accident, you probably have a lot of questions. One of the first ones you might ask is what a car accident lawyer does. A car accident lawyer helps you recover damages from an injury sustained in a car accident. He or she may also be able to help you get uninsured motorist coverage and punitive damages.
Punitive damages
Punitive damages are used to punish a person who has committed a wrong. They are awarded for egregious, reckless behavior and serve as a deterrent for others to commit similar misconduct. In addition, they are awarded to compensate victims who have been injured in car accidents.
In car accident cases, a claimant can seek compensation for medical expenses, pain and suffering, property damage and lost wages. A car accident lawyer can represent a client who has been injured due to someone else’s negligence.
Read this: What does a car accident lawyer do?
In car accident cases, a person may be eligible for punitive damages if they were the victim of an act of gross negligence. This is the most serious type of negligence and requires that the at-fault party have shown no regard for the safety of other people. This includes driving under the influence of alcohol or drugs, street racing, or other acts of egregious behavior.
In a case of gross negligence, a court must determine whether the defendant acted with a conscious disregard of the safety of others. For example, if a driver with a bad brake caused a car accident, they could be charged with punitive damages. The person who was injured must be able to prove that the driver intentionally caused the injury.
Comparative negligence rules
When two or more people are at fault for an accident, the comparative negligence rules are used to determine the best course of action. The court will assign a percentage of fault to each of the parties involved. This percentage is what will be the basis for the compensation that is awarded.
There are several different comparative negligence rules in use throughout the United States. Some states use pure comparative negligence and others use the modified comparative fault rule.
The pure comparative negligence rule states that a plaintiff can collect money damages if the amount of fault is less than one percent. This is because the rule assumes that there are several individuals that are proportionally responsible for a single event.
The 50 percent bar rule is similar to the pure comparative negligence rule. The only difference is that a plaintiff cannot recover if he is more than 50% at fault.
The pure comparison rule, on the other hand, allows the plaintiff to claim a payout for a percentage of the total damages. This percentage is also known as the “magic number.”
Uninsured motorist coverage
Uninsured motorist coverage is a small but powerful tool for car accident victims. It can help pay for medical bills and property damage. It may also offer compensation for pain and suffering.
Thousands of car accidents happen every year, and many of them involve an uninsured driver. They often leave the victim to pick up the tab. However, in New York, you can get the financial support you need by filing a claim.
An attorney can help you determine if you qualify for this kind of protection. You can receive money for lost wages, medical bills, and pain and suffering. In addition, an experienced lawyer can investigate the possibility of recovery for you from your insurance carrier.
If you are injured in an accident, it is wise to seek the assistance of an experienced car accident lawyer. This person can advise you on how to file a claim and pursue every possible compensation.
Statute of limitations
If you are injured in a car accident, you have to file a claim as soon as possible. If you wait too long, your rights may be compromised. A lawyer can help you file a lawsuit and obtain compensation for your injuries.
In order to make sure that your claim is fair, a statute of limitations is set in place. In the event that the statute of limitations runs, you can either add more time or pause the clock. A good attorney can help you determine whether or not you will be able to extend the deadline.
While there are a few exceptions, the basic rule is that a lawsuit must be filed within three years of the date of the accident. If you file a lawsuit too late, it will not be heard in court. Likewise, if you try to settle your case with an insurance company after the statute of limitations has passed, the insurance company may refuse to offer you a settlement