A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are a common occurrence. While most of them are just accidents that cause fender benders, a few can cause serious injuries. Injured parties should call 911 and seek medical attention immediately.
A New York car accident attorney can help victims with their legal issues after a crash. They can assist in obtaining compensation for medical expenses and lost wages.
No-fault insurance
New York is an insurance no-fault state. This means that all drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages and other costs related to accidents. While this has helped to protect car accident victims from being buried due to expenses out of pocket, it is important to know what it means and does not mean.
To be eligible for No-Fault insurance You must satisfy a few criteria. First of all, you must be injured in a vehicle accident that took place in the state of New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. Additionally you must have sustained an "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 life of a victim. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining 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 assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also file a court case on behalf of you against the driver who caused the crash.
After a serious car accident, you may be facing huge medical bills, lost wages, and other expenses. No-fault insurance is able to cover these costs as well, and you should seek out treatment after an accident, even if you feel fine.
If you are unable to return work because of an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance.
Insurance companies will often attempt to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, because failing to do so could result in a retroactive denial of benefits.
Pure comparative fault
In many car accident lawsuits plaintiffs are partially or completely accountable for the crash. The law grants injured parties to be compensated based on their percentage of blame. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault that the claimant could be considered to have in order to disqualify them from financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In a case involving a car accident, the plaintiff's legal responsibility for the crash depends on demonstrating two things: negligence and causation. Negligence is the act of breaking a law, or committing an act of negligence that is unreasonable. Causation refers to the way in which the negligence directly contributed to the injury. To prove legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses that result from their injuries. Other non-economic losses include emotional trauma and pain and suffering.
New York is among the 13 states with a pure comparative fault law, which means that injured parties may still be able to claim compensation even if they are partially responsible. However, if the claimant is found to be more than 50 percent at fault, they will be disqualified from claiming damages. In this situation, it is important to consult with a seasoned attorney.
Comparative fault is applicable to any personal injury or wrongful death instance in which the victim (or the heirs) have suffered mental or physical damages. Web Site of comparative blame is more complicated in cases of wrongful deaths.
The principle of comparative fault is very important to understand when filing 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 will work with insurance companies to ensure that you receive the most compensation you can for your injuries.
Additionally, if you have several defendants in your case the concept of joint and several liability may apply. This is a system that splits the judgment amongst all defendants if the jury finds that you are jointly and multiplely responsible for the incident. This is a great method to ensure you receive the maximum amount of compensation for your injuries.
The tactics of the insurance company
Car accidents can be stressful enough, and the aftermath can be more challenging. Injured victims often must deal with medical expenses and loss of income due to being incapable of working, not to mention their physical pain and emotional stress. They also have to worry about whether they can afford rent and other daily expenses. They don't need to endure the stalling tactics used by insurance companies to get 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 denial or reduction of claims. Insurance agents will use every method to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky tactics.
In order to save money, insurance companies will do everything they can to delay or derail your claim. They also try to evade responsibilities by arguing that your injuries aren't caused by the crash or do not require treatment. They could even argue that the crash was caused by an earlier medical condition.
In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common tactic that many people fall prey to. This offer is much lower than the amount you'll need to pay in order to cover medical expenses and other damage.
New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to get injured while driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes for accidents. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather conditions.
Reckless driving
If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine who could be accountable for your injuries and damages. They can also bring a lawsuit or claim against the driver to recover your damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of other drivers and pedestrians on bicycles. In order to convict someone of this crime the police officer must show more than just negligence or recklessness. This means that the officer must show that the driver was aware that their actions were likely to cause an accident or put others in danger.
Even minor traffic violations can be deemed reckless driving in New York. For example driving at an intersection with a stop sign could lead to a serious accident and injury. If a driver is found to be recklessly driving, they could be convicted of a misdemeanor offense and could face an indictment or a fine.
Reckless driving can cause severe injuries to other drivers, pedestrians and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, as well as substantial fines. This could cause driver's insurance rates to rise substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly.
New York's reckless-driving laws are very strict and can result in substantial penalties including fines and imprisonment. The severity of the penalty depends on a variety of variables like the severity of the accident and if there were aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence.
A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to show your innocence. This evidence might include witness statements as well as phone records to look for distracted driving, photos and videos from the scene of the accident as well as official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum compensation for your injuries.