As a legal issue, a car accident occurs when a passenger car is involved in an event or series of events that causes property damage, injury and/or death. Many motor vehicle accidents involved an element of negligence, corresponding with a traffic law violation.
Statute of Limitations
After an accident occurs, there is a limited period of time in which a personal injury lawsuit can be filed with the help of a Long Island New York car accident lawyer – the law that establishes this is known as a statute of limitations.
Also bear in mind that you cannot file a lawsuit against a government entity unless you have first filed a claim and that claim has been denied.
To be compensated by either an insurance company or a court award, negligence usually must be proven. Negligence is a legal term that means someone has failed to act in a reasonably cautious and responsible manner. In the case of a car accident, negligence is found in facts pieced together from police reports, eyewitness testimonies, expert witness testimonies, photographs and sketches of the accident site. Proving negligence means showing that:
• Someone’s carelessness caused the car accident
• The car accident caused harm and
• The party at fault is accountable for paying compensation for the harm done
If more than a single party involved in the accident is at fault, liability may be distributed among the negligent parties according to percentage of fault. This is called comparative negligence.
When You Might Need a Long Island New York Car Accident Lawyer
Insurance companies often handle routine car accident claims, most of which involve property damage only. However, many situations require assistance that only a Long Island New York car accident lawyer can provide. In these situations, a lawyer can help determine your rights and facilitate any claims you may have to compensation greater than the initial settlement.
You also must consider hiring a Long Island New York car accident lawyer when a government entity denies a claim, allowing a personal injury lawsuit to be filed.