A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are common. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party should call 911 and seek medical attention immediately.
A New York car accident attorney can help victims with their legal issues following an accident. They can assist them in obtaining compensation for medical expenses and lost wages.
No-fault Insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried by out-of-pocket costs It is crucial to know exactly what it means and does not mean.
To be eligible for No-Fault insurance, you must meet a few criteria. In the first place you must be injured in a vehicle accident that took place in the state of New York. You must be a driver or 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 in 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 a lasting and substantial loss of function, permanent disfigurement or death. All of these injuries are serious and can have a negative effect on the life of a victim. A New York injury lawyer can assist you if been injured in a major New York car accident.
A lawyer can assist with the legal process in numerous ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also make a court-filed lawsuit on your behalf against the driver who caused the accident.
Following a serious car crash you could face huge medical bills, lost wages and other expenses. No-fault insurance is able to cover these costs, and you should always seek treatment after an accident, even if you feel fine.
If you are unable return to work, no-fault insurance will cover 80% of your lost wages up to $2,000 per month. It can also cover many of your out of pocket costs, including the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. It is mandatory to attend, since failure to do so may result in retroactive denials of benefits.
Purely faults of a comparative nature
In many car accident cases the plaintiffs could be held to be fully or partially responsible for the incident. The law grants injured parties the right to recover damages based on their percentage of fault. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount a person could be considered to have to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent.
In a car accident case the plaintiff's legal responsibility for the crash depends on demonstrating two things that are causation and negligence. Negligence is the act of breaking a law or committing an act with unreasonable carelessness. Causation refers to how the negligence directly led to the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income or travel expenses, caused by their injuries. Other non-economic losses include emotional trauma, pain and suffering.
New York is one of the 13 states that have strict comparative fault laws which means that the injured party may still pursue recovery even if they are partially at fault. However, if the person seeking compensation is found to be more than 50% at fault, they are exempt from any claim for damages. In this case it is crucial to consult with a reputable lawyer.
Comparative fault applies to any personal injury or wrongful death case in which the victim (or heirs) have suffered mental or physical damages. However, the concept of comparative fault can be a bit more complicated in wrongful death claims.
The concept of comparative blame is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to get you the maximum compensation for your injuries.
In addition, if you have several defendants in your case the concept of joint and several liability could be applicable. This is a system that splits the judgment amongst all the defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great way to ensure that you receive the highest compensation for your injuries.
Tactics of the Insurance Company
Car accidents are stressful enough, and the aftermath can be more challenging. Victims of injuries are often confronted with medical bills, loss of income due to being unable to work, and physical discomfort. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. They don't need to be subjected the stalling tactics used by an insurance company to convince them to accept lower settlement offers.
The truth is that the majority of insurance companies are focused on making money, and they do this by denying or reducing claims. Insurance agents will use every tactic possible to deny you the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will fight insurance companies' devious strategies.
Insurance companies will do all they can to delay your claim or stall negotiations to save as much money as possible. They may also attempt to avoid liability by arguing that the injuries aren't directly related to the crash or that they do not require treatment. They could even argue that the accident was caused by a previous medical condition.
In certain cases an insurance adjuster might arrive at an amount of settlement that appears reasonable. This is a common trick that many people fall prey to. This offer is much lower than the amount you have to pay to cover your medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to be injured while driving another's vehicle or in their own vehicle. Some of the most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses a device to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather conditions.
Reckless driving
You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine who could be accountable for your injuries and the damages. They may also bring a lawsuit or claim against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists at risk. To find someone guilty, a policeman must show more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or place others in danger.
In some cases even a minor traffic offense can be viewed as a form of reckless driving in New York. Newport Beach injury lawyers of a stop sign, or a red light can result in a serious accident. If a driver is caught driving recklessly, they may be convicted of misdemeanor charges and could face fines or jail time.
Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime could result in the addition of points to your license as well as hefty fines. This could lead to a driver's insurance premiums increasing significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure the driver is convicted in a fair manner.
New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and prison. The severity of the penalty is contingent on several factors, including the severity of the accident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence.
An attorney for reckless driving with experience will be able to determine the root of the accident and gather evidence to demonstrate your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.