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. Certain accidents could cause serious injuries even if they're just minor collisions. The injured party should call 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal needs after a crash. They can assist victims in obtaining compensation for medical bills and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other related expenses. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket costs. However it is crucial to know what it means.
To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. 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 person must be treated in an accredited hospital or provider. You must be able to prove that you suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries that can have a profoundly negative impact on the life of the victim. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
A lawyer can assist with the legal process in many ways following a serious car accident. They can explain your legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. They can also make a court filing on your behalf against the person who caused the crash.
In the aftermath of a serious crash, you may be facing massive medical bills, lost wages and other expenses. These expenses can be paid for by no-fault insurance and you should seek medical attention immediately following a collision even if it seems like you are fine.
If you are unable to return to work, no-fault insurance will pay 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out of pocket costs, including the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must attend these appointments, since failure to attend could result in a retroactive denial of benefits.
Purely faults that are comparable
In a majority of car accident lawsuits, the plaintiffs are either completely or partially responsible for the accident. The law permits injured parties to seek damages according to the proportion of the blame that is assigned to them. This is referred to as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault an individual claimant is deemed to have to exclude them from receiving financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two elements to be legally accountable for the accident: negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. Causation refers to how the negligence directly caused the injury. To establish legal liability the plaintiff has to demonstrate the economic loss resulted from their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma and suffering and pain.
New York is one of the 13 states with strict comparative fault laws which means that the injured party may still pursue recovery even when they are at fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this situation, it is important to work with a skilled attorney.
Comparative fault applies to almost every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complex in the case of wrongful death.
The concept of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to get you the most compensation for your injuries.
Joint and several liability can also be a possibility if there are several defendants. This system splits the verdict between all defendants in the event that the jury finds you jointly and severally responsible for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be equally stressful. Victims of injuries are often faced with medical bills, loss of income due to not being able to work or suffer physical pain. Rent and other costs of daily living are also a problem. They don't have to be subjected the stalling tactics used by insurance companies to try and get them to accept low settlement offers.
The fact is, most insurance companies are focused on making money and do this by denying or reducing claims. Insurance agents will use every trick to deny you the compensation you are entitled to. This is why it's essential to work with 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 car accident victims. Our lawyers will fight insurance companies' sly strategies.
Insurance companies will do everything in their power to delay your claim or stall the negotiations in order to save as much as possible. They will also try and avoid responsibility by arguing that your injuries aren't connected to the accident or that they do not require treatment. They may even argue that you have a prior medical issue that is responsible for the crash.
In certain cases, an insurance adjuster will determine an amount of settlement that appears reasonable. This is a common tactic that many people fall prey to. In reality, this offer will be much lower than what you really need to pay for medical treatment and other damages.
New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to be injured while driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. North Las Vegas injury attorneys YouTube of accidents include drunk driving weather conditions, road conditions and road conditions.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties that could be responsible for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that puts at risk the lives and safety of other drivers and pedestrians on bicycles. In order to convict someone of this crime an officer of the police force must show more than just carelessness or negligence. This means that the police officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger.
In certain instances even a minor traffic violation can be considered a form of reckless driving in New York. Driving through a stop sign or red light can result in a serious accident. If an individual driver is found be driving recklessly, they could be found guilty of a misdemeanor offense and face either a fine or jail sentence.
Unsuspecting driving can cause serious injuries to pedestrians, bicyclists, and motorists. If convicted of this offense will receive points added to their licenses and could be subject to massive fines. This can result in a driving's premiums rising substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The laws governing reckless driving in New York are extremely strict and could result in severe penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of factors including the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended.
An experienced reckless driving accident lawyer will know how to investigate the causes of a crash and gather evidence that will show your innocence. The evidence could include witness statements as well as phone records to determine whether the driver was distracted, photos 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 aimed at getting you the most compensation for your injuries.