A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent occurrence in New York City. While most of them are simply fender benders, some can result in serious injuries. The injured parties should immediately contact 911 and seek medical attention.
A New York car accident attorney can assist victims with their legal issues after the crash. They can help victims get compensation for medical expenses and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are automatically protected by their own auto insurance policies for medical expenses, lost wages, and other related expenses. This system has safeguarded car accident victims against being burdened with out-of pocket expenses. However it is essential to know what it means.
To be eligible for No-Fault insurance You must satisfy certain requirements. First and foremost, you must be injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured person must be treated at a hospital or an authorized provider. You must also have 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. All of these injuries are severe and can have a negative effect on the victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.
In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can help you understand your legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the driver who caused the accident.
There is a chance that you will have to pay astronomical medical bills along with lost wages and other expenses following a serious accident. No-fault insurance can cover these costs, and you should always seek treatment after an accident, even if you feel okay.
If you are unable to return work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It will also cover the majority of your out-of-pocket costs which includes the cost of household help.
Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, as failure to attend could result in the denial of benefits retroactively.
Pure faults that are comparable
In a lot of car accident lawsuits plaintiffs are partially or completely responsible for the accident. The law gives injured parties the right to receive damages in proportion to their share of fault. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault an individual claimant is deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent.
In a car accident the plaintiff must prove two things to be legally accountable for the crash: negligence and causality. Negligence refers to breaking a law or acting in reckless disregard. Causation refers to the way in which the negligence directly contributed to the injury. To prove legal responsibility, the plaintiff must also show the economic losses caused by their injuries, like medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma as well as suffering and pain.
New York is among the 13 states that have a strict comparative-fault law, which means that injured parties can still claim compensation even if they were partially responsible. If the claimant is found more than 50 percent at fault, they are barred from claiming damages. In this instance it is crucial to consult with a reputable lawyer.
Comparative fault can be applied to any personal injury or wrongful death case in which the victim (or heirs) have suffered mental or physical damages. However, resource for this article of comparative fault can be somewhat more complex in wrongful death claims.
The concept of comparative fault is very important to understand when making an action for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own responsibility for the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries.
Joint and several liability can be used in the event of multiple defendants. This is a method which splits the verdict among all defendants if the jury decides that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you receive the most amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be as stressful. Injured victims are often faced with medical bills, lost income due to not being able to go to work and physical discomfort. They also have to think about how they will pay rent and other expenses that are part of their daily lives. The last thing they need is to be subjected to the stalling tactics of an insurance company that is trying to get them accept a settlement offer that is low.
Insurance companies are in business to earn money. They do this by refusing or reduce your claims. Insurance companies will employ any tactic they can to prevent you from getting the amount you are entitled to. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sly strategies.
To save money insurance companies will do everything they can to delay or stall your claim. They may also attempt to avoid responsibility by arguing that the injuries aren't related to the accident or do not require treatment. They might even claim that your crash was caused by a previous medical condition.
In some cases an insurance adjuster may determine a settlement amount that seems reasonable. This is a trick that many people fall prey to. In reality, this offer will be much lower than what you actually need to pay for medical treatment and other damages.
New York law requires that every driver have no-fault insurance. It is not uncommon for people to suffer injuries when driving a vehicle of another or riding in their vehicle. The most frequent causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music while driving. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions.
Reckless driving
You may be entitled to 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 accident to determine all parties that could be responsible for your injuries and damage. They may also file a claim or lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of other motorists and pedestrians on bicycles. To convict someone the police officer has to prove more than just negligence or carelessness. This means that the officer must prove that the driver was aware of their actions could cause an accident or put others at risk.
Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could cause a serious accident. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor and could face a fine or jail time.
Incorrect driving can cause serious injuries to motorists, pedestrians and bicyclists. Anyone who is found guilty of this offense will have points added to their licenses and could face hefty fines. This could result in driving's premiums rising substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly.
The laws governing reckless driving in New York are extremely strict and could result in severe penalties, including fines and jail time. The severity of the penalty depends on a number of factors, including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended.
An experienced reckless accident lawyer will know how to investigate the cause of a collision and gather evidence to demonstrate your innocence. This could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest compensation for your injuries.