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. While most of them are simply collisions between cars, some may 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 an accident. They can assist in obtaining the compensation they need 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 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 by expenses out of pocket but it is essential to know exactly what it means and does not mean.
To qualify for No-Fault Insurance, you must meet certain requirements. First and foremost, you must have been injured in an accident in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by a licensed medical professional. 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 serious and could have a negative impact on a victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident.
A lawyer can help you with the legal process in numerous ways following a serious car accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the driver who caused the accident.
In the aftermath of a serious crash you could face astronomical medical bills, lost wages and other expenses. No-fault insurance will pay for these, and you should always seek treatment following a crash, even if you feel well.
If you're unable to return to work, no-fault will pay 80 percent of your lost wages up to $2,000 per month. It also covers a number of your out of pocket costs, such as the cost of household assistance.
Insurance companies frequently try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as failing to attend could result in denial of benefits retroactively.
Purely comparative fault
In many car accident cases the plaintiffs could be held to be fully or partially responsible for the incident. The law gives injured parties to recover damages based on their percentage of blame. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which limits the amount of fault a claimant can be deemed to have in order to disqualify them from financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent.
In a case involving a car accident the plaintiff's legal responsibility for the accident is contingent upon proving two things that are causation and negligence. YouTube refers to breaking the law or acting in reckless disregard. Causation is the process by which the negligence directly caused the injury. To establish legal liability plaintiffs must also demonstrate economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses include emotional trauma and pain and suffering.
New York is one of the states that have pure comparative fault laws, which means that injured parties can still seek recovery in the event that they are partly at the fault. If the claimant is found to be more than 50 percent responsible, they are not able to claim damages. In this instance it is essential 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 physical or mental damages. The concept of comparative fault is more complex in cases of wrongful deaths.
The principle of comparative fault is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will negotiate with the insurance companies to get you the maximum amount of compensation for your injuries.
Additionally, if you have several defendants in your case, the concept of joint and numerous liability could apply. This system divides the verdict among all defendants if the jury finds you jointly and severally responsible for the accident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries.
Insurance company tactics
Car accidents are stressful enough, but the aftermath can be more challenging. Victims of injuries are often faced with medical bills, loss of income due to being unable to work or suffer physical pain. They also have to think 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 earn money. They do this by refusing or cutting your claims. Insurance agents will use every tactic possible to deny you the money you are entitled to. This is why it's crucial to find a New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' sly tactics.
To save money insurance companies will do anything they can to delay or stop your claim. They will also try to evade responsibilities by arguing that your injuries are not related to the crash or they do not require treatment. They could even argue that your accident was the result of a prior medical condition.
In some instances, the insurance adjuster will offer a settlement that seems reasonable. This is a common scam that many people fall for. This offer is lower than the amount you must pay to cover medical expenses and other damages.
New York law requires that all drivers have no-fault insurance. It is not unusual for people to sustain injuries while driving another's vehicle or riding in their vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving happens when a driver is using a device to send or receive text messages, make phone calls or listens to music while behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you investigate the crash to identify the parties accountable for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as operating the vehicle in a way that endangers the lives and safety of other drivers and pedestrians on bicycles. To convict someone of this crime an officer of the police force must show more than just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.
In some instances, even a minor traffic offense can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light could result in a serious accident. If an individual driver is found be driving recklessly, they could be convicted of a misdemeanor offense and be subject to an indictment or a fine.
Unsuspecting driving can cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this type of offense can lead to the addition of points to your license as well as hefty fines. This could lead to a driver's insurance premiums increasing significantly. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is held accountable fairly.
The reckless driving laws in New York are very strict and could lead to substantial penalties that include fines and jail time. The severity of a penalty depends on a number of factors like the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence.
A seasoned reckless accident lawyer will know how to determine the causes of a crash and gather evidence to demonstrate your innocence. This could include witness statements, cell phone records to check for distracted driving, photographs and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.