A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent incident in New York City. While the majority of them are simply fender benders, some can cause serious injuries. The injured party must immediately contact 911 and seek medical attention.
A New York car accident attorney can assist victims with legal issues after an accident. They can help them obtain compensation for their medical bills and lost wages.
No-fault Insurance
New York is an insurance no-fault state. This means that drivers, passengers and pedestrians as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical expenses, lost wages and other accident-related costs. This system has safeguarded the victims of car accidents from being weighed down by out-of-pocket costs. However it is essential to know what it means.
In order to qualify for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost, you must have been injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle that is insured or a bicyclist or pedestrian who was struck by the vehicle. The injured party must also be treated at a hospital or an authorized provider. You must have also suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. These are all extremely severe injuries, and could have a significant negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve.
After a serious auto accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They may also make a court-filed lawsuit on your behalf against the driver who caused the accident.
After a serious car accident you could face massive medical bills, lost wages and other costs. These expenses can be covered by no fault insurance, and you should seek treatment immediately following a collision even if you feel as if you're in good shape.
If you're unable to return to work, no-fault insurance will pay 80 percent of your wages lost up to $2,000 per month. It can also cover a large portion of your out-of-pocket expenses, including the cost of household assistance.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. The requirement to attend is that failing to attend could result in denial of benefits retroactively.
Pure faults that are comparable
In a majority of car accident lawsuits plaintiffs are either completely or partially responsible for the accident. The law gives injured parties to receive damages based on their percentage of blame. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have to exclude them from receiving financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal liability for the accident is contingent upon demonstrating two things such as negligence and causation. Negligence is the act of breaking a law or acting in reckless disregard. Causation refers to the way in which the negligence directly led to the injury. To establish legal liability the plaintiff has to demonstrate the economic loss that result from their injuries such as medical bills, lost income and travel costs to appointments. Non-economic losses include emotional trauma as well as pain and suffering.
New York is one of the states that have absolute comparative fault laws, which means that the injured party can still seek recovery if they are partially at fault. However, if the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this instance it is essential to work with a skilled attorney.
Comparative fault applies to any personal injury or wrongful death instance in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in cases of wrongful deaths.
The concept of comparative blame is very important to understand when making a claim for compensation after an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident and will work with insurance companies to ensure that you get the most compensation you can for your injuries.
Additionally, if you have multiple defendants in your case the concept of joint and several liability could apply. This system splits the verdict among all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries are often confronted with medical bills, loss of income due to inability to work, and physical pain. his comment is here and other daily expenses are also a concern. The last thing they want is to be sucked into the tactics of an insurance company that is trying to convince them to accept a low settlement offer.
The fact is, most insurance companies are focused on making money and they do this by denying or cutting claims. Insurance agents will use every trick to deny you the money you deserve. This is why it's essential to work with an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will take on insurance companies' devious strategies.
In order to save money insurance companies will do anything they can to delay or stall your claim. They also try to avoid responsibility by arguing that the injuries aren't connected to the accident or do not require treatment. They may even claim that the crash was caused by a previous medical condition.
In some instances an insurance adjuster may come up with an amount for settlement that seems reasonable. This is a common method that many people fall for. In reality, the price will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to become injured while driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather.
Reckless driving
You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine the parties that may be accountable for your injuries and the damages. They may also make a claim or a lawsuit against the driver to recover your damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists in danger. In order to convict someone of this crime an officer of the police force must prove more than negligence or recklessness. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger.
Even minor traffic violations can be deemed reckless driving in New York. For example, running an intersection with a stop sign could cause an accident that is serious and cause injury. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor crime and be subject to an indictment or a fine.
Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this crime can result in the addition of points to your license, as well as hefty fines. This can cause a driver's insurance rates to rise substantially. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner.
The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and jail time. The severity of the penalty is contingent on a variety of factors including the severity of the accident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
A reckless driving accident attorney who has experience will be able to determine the cause of an accident and gather evidence to prove your innocence. The evidence could include witness statements, phone records to look for distracted driving, photos and videos taken at the scene of the crash and official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum compensation for your injuries.