A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common incident in New York City. While the majority of them are just accidents that cause fender benders, a few can result in serious injuries. 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 the crash. They can help them obtain compensation for their medical bills and lost wages.
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. While this system has helped protect car accident victims from being buried by cost-out-of-pocket, it is important to know what it means and does not mean.
To qualify for No-Fault Insurance You must satisfy some requirements. First and foremost you must have been injured in a vehicle accident that took place in the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or an authorized provider. 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 severe injuries that can have a profoundly negative impact on the life of the victim. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.
Following a serious car accident An attorney can assist you in a variety of ways. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on behalf of you against the driver responsible for the crash.
In the aftermath of a serious crash you could face massive medical bills, lost wages, and other expenses. These costs can be paid for by no-fault insurance and you should seek medical attention immediately following a car crash even if you feel like you are fine.
If you are unable to return to work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It can also cover an important portion of your out-of-pocket expenses such as the cost of household assistance.
Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as failing to attend could result in retroactive denials of benefits.
Pure faults that are comparable
In a majority of car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law grants injured parties the right to be compensated based on their percentage of fault. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have to make them ineligible for financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.
In a car accident case the plaintiff's legal liability for the accident is contingent upon demonstrating two things that are causation and negligence. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. The causality is the manner that the negligence led to the injury. To establish legal liability the plaintiff has to prove the economic damages caused by their injuries, like medical bills, lost income, and travel costs to appointments. Non-economic losses can include emotional trauma, pain and suffering.
New York is among the 13 states that have a strict comparative-fault law. This means that the injured party 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% at the fault, they will be barred from recovering any damages. In this case it is essential to consult a knowledgeable lawyer.
Comparative fault can be applied to any personal injury or wrongful-death instance where the victim (or heirs) have suffered mental or physical injuries. However the concept of comparative fault can be a bit more complicated in wrongful death claims.
It is important to understand the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum amount of compensation for your injuries.
In addition, if you have multiple defendants in your case the concept of joint and multiple liability may apply. This system splits the verdict between all defendants when the jury finds you jointly and severally liable for the accident. This is a great way to ensure you receive the most compensation for your injuries.
Strategies of insurance companies
Car accidents are stressful enough, but the aftermath can be even more difficult. Victims of injuries are often faced with medical bills, lost income due to not being able to work, and physical discomfort. Rent and other expenses are also a problem. They don't have to be subjected the delay tactics employed by insurance companies to convince them to accept low settlement offers.
Missoula accident lawyer is that the majority of insurance companies are focused on making money and do this by denying or reducing claims. Insurance agents will use every tactic possible to deny you the money you are entitled to. This is why it is essential to work with 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 car accident victims. Our lawyers will fight insurance companies and their shady tactics.
To save money insurance companies will do anything 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 do not require treatment. They could even argue that your crash was caused by an earlier medical condition.
In some cases, an insurance adjuster will determine an amount for settlement that seems reasonable. This is a common tactic that a lot of people fall to. This offer is lower than the amount you'll need to pay in order to cover your medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. However, it is common for people to be injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive messages or 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 are drunk driving, road conditions, and weather.
Reckless driving
You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in investigating the crash to determine all parties that could be accountable for your injuries and the damages. They may also bring a lawsuit or claim against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or cyclists, pedestrians, and cyclists in danger. To convict someone of this crime, a police officer must show more than just negligence or recklessness. This means that the police officer must show that the driver was aware that their actions could cause an accident or put others in danger.
In some cases even a minor traffic violation can be considered a form of reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and face penalties such as fines or jail time.
Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. A conviction for this offense can lead to the addition of points to your license as well as hefty fines. This can result in a driver's insurance premiums increasing significantly. It's important to hire an New York reckless driving accident attorney who will ensure the driver is held accountable on a fair basis.
The reckless driving laws in New York are quite strict and can result in severe penalties, including fines and imprisonment. The severity of a penalty depends on a variety of factors including the severity of the accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer knows how to investigate the causes of a crash and gather evidence that will demonstrate your innocence. This could include witness statements and phone records to determine if the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum compensation for your injuries.