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 the majority of them are simply fender benders, some can result in serious injuries. Injured parties should call 911 and seek medical attention as soon as possible.
A New York car accident attorney can assist victims with their legal issues following the crash. They can assist in obtaining compensation 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 incident-related expenses. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is crucial that you understand what it means.
To be eligible to benefit from No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a licensed provider. 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 are serious and can have a negative effect on the life of a victim. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
A lawyer can assist you with the legal process in many ways following a serious auto accident. They can help you understand your legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They can also file a lawsuit in court on your behalf against the driver who caused the accident.
After a serious car accident you could be faced with massive medical bills, lost wages, and other expenses. No-fault insurance can cover these costs as well, and you should seek out treatment after an accident, even though you feel fine.
If you are unable to return to work, no-fault insurance will pay 80% of your lost wages up to $2,000 per month. It will also cover a lot 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 Exam under Oath. You must show up for these appointments, since failure to attend could result in the denial of benefits retroactively.
Pure comparative fault
In a lot of car accident cases the plaintiffs could be partially or fully responsible for the incident. The law gives injured parties the right to be compensated according to their percentage of fault. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount a person may be deemed to have to prevent them from being eligible for financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent.
In the case of a car crash, the plaintiff's legal responsibility for the accident rests on demonstrating two things that are causation and negligence. Negligence is the act of breaking a law or acting in reckless disregard. Causation refers to the way in which the negligence directly contributed to the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses include emotional trauma and suffering and pain.
New York is among the 13 states that have a strict comparative fault law, which means that injured parties may still be able to seek compensation if they were partially at fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this case, it's important to consult a knowledgeable lawyer.
Comparative fault applies to any personal injury or wrongful-death instance in which the victim (or heirs) have suffered physical or mental damages. The concept of comparative blame is more complex in wrongful death cases.
The concept of comparative fault is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will negotiate with the insurance companies to secure the maximum compensation for your injuries.
In addition, if you have several defendants in your case the concept of joint and multiple liability could apply. This is a method that splits the judgment amongst all defendants if the jury determines that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the highest compensation for your injuries.
Strategies of insurance companies
Car accidents are stressful enough, and the aftermath can be even more challenging. Victims of injuries are often faced with medical bills, lost income due to inability to work, and physical pain. Rent and other daily expenses are also a major concern. They don't have to be subjected to the strategies of stalling employed by an insurance company to get them to take low settlement offers.
The truth is that the majority of insurance companies are focused on making money and they do this by denial or reduction of claims. Insurance agents will use every trick to deny you the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will take on insurance companies and their shady tactics.
To save money insurance companies will do whatever they can to delay or stop your claim. They will also try to avoid accountability by arguing that your injuries aren't caused by the crash or that they don't require treatment. They may even claim that the accident was caused by a previous medical condition.
In some instances an insurance adjuster might come up with an amount of settlement that appears reasonable. This is a common trick that a lot of people are enticed by. In reality, this offer is significantly less than what you really need to pay for your medical treatment and other damages.
New York law requires that all drivers have no-fault insurance. However, it is common for people to be injured when driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving occurs when a driver uses devices to send or receive text messages, makes phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
If you've suffered injuries in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine all parties that may be responsible for your injuries and the damages. 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 an automobile in a manner that endangers the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer must prove more than just negligence or recklessness. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others at risk.
Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in an accident that is serious. If a driver is found driving recklessly, they could be found guilty of misdemeanor charges and face fines or jail time.
Reckless driving can cause severe injuries to pedestrians, drivers and bicyclists. You Tube who is found guilty of this crime will be subject to points added to their licenses and may be subject to large fines. This could lead to a driver's insurance premiums increasing 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 very strict and can result in substantial penalties including fines and imprisonment. The severity of the penalty is contingent on a number of factors including the severity of the incident and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence.
A reckless driving accident attorney with experience can determine the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements and 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 file and defend lawsuits or insurance claims to secure the highest amount of compensation for your injuries.