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. While most of them are simply fender benders, some can result in serious injuries. The injured parties should immediately call 911 and seek medical care.
A New York car accident attorney can assist victims with their legal issues after a crash. They can assist them in obtaining compensation for medical expenses and lost wages.
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 related costs to an accident. This system has protected those who have been injured in car accidents from being burdened with out-of pocket costs. However it is crucial that you understand what it means.
To be eligible to benefit from No-Fault insurance, you must meet certain criteria. First and foremost, you must be 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 hit by the vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. You must have also suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely severe injuries that could have a significant negative impact on the life of the victim. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.
A lawyer can assist you with the legal process in numerous ways after a serious car accident. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also make a court filing on behalf of you against the driver who caused the accident.
Following a serious car crash, you may be facing huge medical expenses, lost wages and other costs. No-fault insurance is able to cover these costs, and you should always seek treatment following an accident, even though you feel well.
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 also covers the majority of your out-of-pocket expenses, including the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must show up for these appointments, as not attending could result in an appeal to the benefits.
Pure faults that are comparable
In a majority of car accident lawsuits, the plaintiffs are partly or totally responsible for the accident. The law gives injured parties the right to be compensated based on their percentage of fault. This is referred to as pure comparative fault. Pure comparative fault is different 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 generally place the limit between 49 and 51 percent.
In a car accident, the plaintiff must prove two things in order to be legally responsible for the crash that is, negligence and causality. Negligence is the act of breaking the law or acting with unreasonable carelessness. Causation is the process by which the negligence directly led to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering.
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 are partially at fault. However, if see this seeking compensation is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this case, it is important to work with an experienced attorney.
Comparative fault applies to any personal injury or wrongful-death instance where the victim (or heirs) have suffered mental or physical injuries. However the concept of comparative fault can be slightly more complicated in wrongful death claims.
It is important to understand the concept of comparative negligence before filing claims 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 that you get the most compensation you can for your injuries.
In addition, if you have several defendants in your case, the concept of joint and multiple liability could apply. This system splits the verdict between 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 receive the most compensation for your injuries.
The 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, lost income due to inability to go to work and physical pain. Rent and other costs of daily living are also a problem. The last thing they need is to be sucked into the tactics of an insurance company trying to get them accept a low settlement offer.
The fact is, most insurance companies are in the business of making money and do this by denial or reduction of claims. Insurance companies will employ any tactic they can to prevent you from getting the amount you are entitled to. This is why it's crucial to find an New York car accident lawyer to ensure that you are treated equally. 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' sneaky strategies.
Insurance companies will do all they can to delay your claim or stop negotiations to save as much money as possible. They also try to evade responsibilities by arguing that your injuries are not caused by the crash or they do not require treatment. They may even argue that you have a prior medical issue that is responsible for your crash.
In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a common scam that many people fall for. This offer is much lower than the amount you'll must pay to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance coverage. However, it is common for people to be injured when driving or riding in another's vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver uses devices while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes are drunk driving, road conditions and weather.
Reckless driving
You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify all parties who may be accountable for your injuries and losses. They could also initiate 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 drivers or cyclists, pedestrians, and cyclists at risk. In order to convict someone of this crime an officer of the police force must show more than just carelessness or negligence. The officer must show 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. Driving through a stop sign or red light can result in an accident that is serious. If a driver is found to be driving recklessly, they may be convicted of a misdemeanor and face a fine or jail time.
Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. If convicted of this offense will receive points added to their license and may be subject to hefty fines. This can result in a driving's premiums rising substantially. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is found guilty in a fair manner.
The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a variety of variables including the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence.
An attorney for reckless driving who has experience will know how investigate the root of the accident and gather evidence to show your innocence. This evidence might include witness statements and phone records to look for distracted driving, images and videos of the scene of the crash as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest amount of compensation for your injuries.