A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are frequent. Some of these accidents can cause serious injuries, even if they are minor accidents. The injured party should call 911 and seek medical attention right away.
A New York car accident attorney can assist victims with legal issues following an accident. They can help victims obtain compensation for medical bills and lost income.
No-fault insurance
New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other accident-related costs. While this has helped to protect car accident victims from being buried by out-of-pocket costs but it is essential to know what it is and what it does not mean.
In order to qualify for the benefits of No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident in New York. You must also be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. You must have also suffered "a serious injury."
Serious injuries are defined in 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 serious and could have a negative impact on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.
Following a serious car accident An attorney can assist you in a variety of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on your behalf against the negligent driver who caused the accident.
In the aftermath of a serious crash you could face massive medical expenses, lost wages and other expenses. These costs can be paid for by no-fault insurance and you should seek treatment immediately after a car accident even if you feel like you are fine.
If you are unable to return work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It can also cover the majority of your out-of-pocket expenses which includes the cost of household assistance.
Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since failing to attend could result in retroactive denials of benefits.
Purely comparative fault
In many car accident cases, the plaintiffs may be partially or fully responsible for the incident. The law gives injured parties to receive damages in proportion to their share of fault. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault, which limits the amount of fault the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent.
In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon showing two things: negligence and causation. Negligence refers to breaking the law or acting with reckless carelessness. The causality is the manner that the negligence led to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses are emotional trauma and suffering and pain.
New York is among the 13 states with a pure comparative-fault law. This means that those who are injured may still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this situation, it is important to consult with a seasoned attorney.
Comparative fault applies to almost any personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complex in the case of wrongful death.
The principle of comparative fault is essential to be aware of when filing an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries.
Joint and several liability can also be a possibility if there are multiple defendants. This is a system which splits the verdict among all the defendants if the jury determines that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the highest amount of compensation for your injuries.
The tactics of the insurance company
Car accidents can be stressful enough, but the aftermath can be even more challenging. Injured victims often confront medical bills as well as a loss of income from being in a position of no work, not to mention their physical pain and emotional stress. They also have to worry about whether they can afford rent and other expenses that are part of their daily lives. The last thing they want is to be subjected the tactics of a stalling insurance company who is trying to convince them to accept a settlement offer that is low.
Insurance companies are in business to make money. They accomplish this by denial or reducing your claims. Insurance agents will use every trick to deny you the compensation you are entitled to. This is why it is so important to hire a New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will fight insurance companies' sneaky strategies.
To save money, insurance companies will do whatever they can to delay or derail your claim. They also try to keep the blame off by claiming that the injuries aren't related to the accident or that they do not require treatment. They may even argue that you have a prior medical condition that is to blame for your crash.
In some cases, an insurance adjuster will come up with a settlement amount that seems reasonable. This is a common trick that many people fall to. The offer is significantly less than the amount you'll have to pay to cover medical expenses and other damages.
New York law requires that all drivers have no-fault insurance. However, it is not uncommon for people to be injured when driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving happens when a driver is using a device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify the parties responsible for your injuries and losses. Lewisville accident attorneys can 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 car in a way that it puts other drivers or pedestrians and cyclists in danger. To convict someone of this crime the police officer must demonstrate more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could result in an accident or put others in danger.
In some instances even a minor traffic offense could be viewed as a type of reckless driving in New York. For example, running the red light or stopping sign could result in an accident that is serious and cause injury. If a driver is caught driving recklessly, they may be convicted of misdemeanors and be subject to fines or jail time.
Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this offense can lead to the addition of points to your driver's license, as well as hefty fines. This can result in a driver's premiums going up 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 reckless driving laws in New York are very strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on several factors, including the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence.
A reckless driving accident lawyer with experience can determine the causes of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.