A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common incident in New York City. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should immediately contact 911 and seek medical attention.
A New York car accident attorney can assist victims with legal issues after the crash. They can help victims get compensation for medical expenses as well as lost income.
No-fault Insurance
New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket costs. However, it is important to understand what it means.
To qualify for No-Fault Insurance you must satisfy a few criteria. In the first place you must be injured in a car accident that occurred within the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by a certified medical professional. You must be able to prove that you suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and could have a significant 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 obtaining the compensation you deserve.
After a serious auto accident, a lawyer can assist you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They can also initiate a court action on behalf of you against the driver who caused the accident.
In the aftermath of a serious crash you could face huge medical bills, lost wages and other costs. These costs can be covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if it seems like you are fine.
If you're unable to return to work, no-fault insurance will cover 80 percent of your lost wages up to $2,000 per month. It will also cover an important portion of your out-of-pocket costs which includes the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. The requirement to attend is that failure to do so may result in retroactive denials of benefits.
Pure faults of a comparative nature
In a majority of car accident lawsuits, plaintiffs are partially or completely accountable for the crash. The law allows injured parties to be compensated based on their percentage of fault. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount that a claimant could be considered to have in order to keep them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.
In the case of a car crash the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence is the violation of the law or committing a breach of the law with reckless negligence. The causality is the way that the negligence led to the injury. To prove legal responsibility, the plaintiff must also prove the economic damages resulted from their injuries, like medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma and pain and suffering.
New York is one of the 13 states with absolute comparative fault laws, which means that the injured party are still able to seek compensation even if they are partially at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this instance it is essential to consult with a reputable attorney.
Comparative fault can be applied to any personal injury or wrongful-death case where the victim (or the heirs) have suffered physical or mental damages. However, the concept of comparative fault can be a bit more complicated in the case of wrongful death claims.
It is important to understand the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries.
In Learn Additional Here , if you have multiple defendants in your case, the concept of joint and several liability may apply. This is a method that divides the judgment between all the defendants if the jury decides that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the most compensation for your injuries.
Tactics of the Insurance Company
Car accidents can be stressful enough, and the aftermath can be more challenging. Injured victims are often confronted with medical bills, lost income due to inability to go to work and physical pain. Rent and other expenses are also a problem. The last thing they need is to be sucked into the stalling tactics of an insurance company trying to get them accept a settlement offer that is low.
Insurance companies exist to make money. They accomplish this by denial or cutting your claims. Insurance representatives will use any strategy to prevent you from receiving the compensation you deserve. This is why it's crucial to find an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will take on insurance companies' sly strategies.
Insurance companies will do all they can to delay your claim or slow the process to save as much money as possible. They may also attempt to evade responsibilities by arguing that your injuries aren't related to the crash or do not require treatment. They could even argue that the crash was caused by an earlier medical condition.
In some instances an insurance adjuster might determine an amount of settlement that appears reasonable. This is a typical trick that many people fall for. In reality, this offer is significantly less than the amount you will actually have to pay for medical treatment and other damages.
New York law requires that all drivers carry no-fault coverage. However, it is not uncommon for people to become injured when driving or riding in another person's vehicle. The most frequent causes of accidents are distracted driving, reckless driving and speeding. Distracted driving occurs when a driver uses a device while driving to send or receive texts, 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 include drunk driving, road conditions, and weather.
Reckless driving
You may be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine who might be responsible for your injuries and damages. They can also initiate a lawsuit or claim against the driver in order to claim damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone of this crime the police officer must demonstrate more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or put others in danger.
In certain instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. For instance, running a red light or stop sign could cause an accident that is serious and cause injury. If the driver is found to be recklessly driving, they could be found guilty of a misdemeanor and be subject to an indictment or a fine.
Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. Those who are convicted of this crime will be subject to points added to their license and may be subject to large fines. This could cause driver's insurance rates to rise 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 laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and prison. The severity of the punishment depends on a variety of factors including the severity of the crash and whether there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
A reckless driving accident lawyer with experience will know how investigate the root of the accident and gather evidence to show your innocence. This could include witness statements, phone records to check if the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.