Proportional Comparative Fault at 51%
In the state of New York, the law states that a person must be 51 percent to blame before he or she can be sued. Since it is the insurance adjuster's job to decide the percentages, an injury lawyer may need to help negotiate or take the case to trial. Understand - the adjuster is motivated to protect the insurance company and not ensure the car passenger rights.
As a passenger in a car accident it may be possible to seek damages against more than one party. This is called a "joint tort feaser" and happens when more than one driver at fault. In this case, both parties may be sued for damages. Another source of income may be from the victim's medical insurance. This does not stop the victim from pursuing claims against the at fault drivers.
The state law of Nevada states that the minimum coverage is $15,000. However, that does not mean that all drivers carry enough coverage or are even insured at all. In this case, the victim may need to consider suing the at-fault driver for damages because he or she is considered an underinsured motorists. An injury lawyer can help the victim do this even if there is more than one driver at fault.
Types of Claims
An injury lawyer can also help accident victims understand the types of damages for which they can seek compensation. Most people know that they can sue for medical costs and for property damages. However, they may not know that they can seek payment for physical and mental pain and suffering. They can also sue for loss of wages or loss of earning capacities if the injury impacts their job.
When to Sue
Though it is a last resort, an injury lawyer may advise a client to sue the negligent drivers in court. This usually occurs under certain conditions. For example, the insurance adjuster may not be willing to adjust the fault percentage or payment, or the driver is underinsured. It is also a good idea to go to court if the statue of limitations is running out.
Passengers in a car accident have the right to seek compensation for a variety of things. Paul Dansker & Aspromonte Personal injury attorney can help them wade through the legal issues involved. The victims need to know the car passenger right. This includes who to sue and the types of damages they can seek. Trying to tackle these questions by themselves can leave victims are at the mercy of the insurance companies. When this happens the victims receive far less than they deserve.
Contact Paul Dansker and call at (212) 732-2929
For more details please visit: http://pauldansker.org/