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 only minor collisions. The injured party should call 911 and seek medical attention as soon as possible.
A New York car accident lawyer can assist victims with their legal needs following a crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages.
No-fault insurance
New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other related expenses. 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 is and what it does not mean.
To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain criteria. First and foremost, you must be injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by an authorized provider. In addition, you must have suffered a "serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are serious and could have a negative impact on a victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident.
A lawyer can help you with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, conduct a thorough investigation and negotiate with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the driver who caused the accident.
There is a chance that you will have to pay astronomical medical bills along with loss of wages, and other costs following a serious accident. These expenses can be covered by no fault insurance, and you should seek treatment immediately following a car crash, even if it feels like you are fine.
If you are unable to return to work due to an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It can also cover many of your out of pocket costs, such as the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must attend these appointments, since failure to attend could result in the denial of benefits retroactively.
Purely faults of a comparative nature
In a majority of car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law grants injured parties to be compensated according to their percentage of the fault. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which caps the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually 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 demonstrating two things: negligence and causation. Negligence is the act of breaking an act of law, or committing a breach of the law with reckless negligence. The causality is the manner in which the negligence caused the injury. To prove legal responsibility the plaintiff has to demonstrate the economic loss caused by their injuries, such as medical bills, lost income and travel costs to appointments. Non-economic losses include emotional trauma and suffering and pain.
New York is among the 13 states that have a strict comparative-fault law. This means that injured parties could still be able to claim compensation even if they are partially at fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they are exempt from any claim for damages. In this instance it is crucial to work with an experienced attorney.
Comparative fault is applicable to nearly every personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault can be slightly more complicated in the case of wrongful death claims.
It is important to understand the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident, and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries.
In addition, if have multiple defendants in your case, the concept of joint and numerous liability may apply. This is a method that divides the judgment between all defendants if the jury finds that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be just as stressful. Injured victims are often confronted with medical bills, loss of income due to inability to work, and physical pain. Rent and other costs of daily living are also a major concern. The last thing they want is to be subjected to the stalling tactics of an insurance company that is trying to get them to accept a settlement offer that is low.
The truth is that the majority of insurance companies are focused on making money and they do it by denying or reducing claims. Insurance representatives will use any method to stop you from receiving the amount you deserve. This is why it is crucial to find an New York car accident lawyer to make sure that the playing field is level. 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 and their devious tactics.
In order to save money insurance companies will do whatever they can to delay or derail your claim. They will also try and avoid liability by arguing that your injuries aren't related to the accident or that they do not require treatment. They may even claim that your accident was the result of a prior medical condition.
In certain cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a common trick that many people fall prey to. The offer is significantly less than the amount you must pay to cover medical expenses and other damages.
New York law requires that every driver have no-fault insurance. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, Canton injury attorneys and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver uses an electronic device while driving to send or receive messages or make phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
If you've suffered injuries 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 determine the cause of the accident and identify the parties accountable for your injuries and losses. They could also initiate a lawsuit or claim against the driver in order to claim damages.
The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that puts at risk the lives and safety of others on the road and people on foot or on bicycles. To convict someone of this crime an officer of the police force must show more than just carelessness or negligence. This means that the officer must prove that the driver knew their actions could cause an accident or put others at risk.
In some instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. A violation of a stop sign, or a red light could cause an accident that is serious. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanors and be subject to fines or jail time.
Incorrect driving can cause serious injuries to pedestrians, drivers, and bicyclists. Anyone who is found guilty of this offense will have points added to their license and could face hefty fines. This could lead to a driver's premiums going up significantly. It is essential to find an New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis.
New York's reckless driving laws are very strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors like the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence.
A reckless driving accident lawyer who has experience can determine the causes of an accident and gather evidence to demonstrate your innocence. This evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest amount of compensation for your injuries.