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 most of them are simply collisions between cars, some may cause serious injuries. Anyone injured should dial 911 and seek medical attention immediately.
A New York car accident attorney can assist victims with their legal issues after a crash. They can help victims get compensation for medical bills and lost income.
No-fault insurance
New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other related costs to an accident. This has helped protect those who have been injured in car accidents from having to pay out-of-pocket costs. However it is crucial to know what it means.
To be eligible to benefit from No-Fault insurance, it is necessary to meet certain requirements. First and foremost you must have been injured in a car accident that took place in the state of New York. You must be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The injured party also must be treated in a hospital or by a certified medical professional. You must also have suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. All of these are serious and can have a negative effect on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve.
A lawyer can help you with the legal process in numerous ways after a serious car accident. They can help you understand your legal options, conduct a thorough investigation and engage with the insurance company on your behalf. They may also bring a lawsuit to court on your behalf against the negligent driver who caused the accident.
Following a serious car crash you could face astronomical medical expenses, lost wages and other expenses. No-fault insurance is able to cover these costs and other expenses, so you should seek treatment following a crash, even if you feel well.
If you are unable to return to work, no fault will pay for 80 percent of your lost wages up to $2,000 per month. It can also cover many of your out of pocket costs, such as the cost of household assistance.
Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since the absence of this could result in denial of benefits retroactively.
Purely comparative fault
In many car accident cases plaintiffs may be held to be fully or partially responsible for the incident. The law allows the injured party to claim damages based on the proportion of blame that can be assigned to them. This is referred to as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount a claimant could be considered to be owed to prevent them from receiving financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent.
In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the accident: negligence and causality. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. The cause of the accident is determined by the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses are emotional trauma as well as pain and suffering.
New York is one of the 13 states with strict 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 to be more than 50 percent responsible, they are not able to claim damages. In this instance it is essential to consult with a seasoned attorney.
Comparative fault can be applied to almost any personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complicated in cases of wrongful deaths.
It is important to understand the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will work with the insurance companies to secure the most 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 which splits the verdict among all defendants in the event that the jury determines that you are jointly and multiplely responsible for the accident. This is an excellent way to ensure you get the maximum amount of compensation for your injuries.
The tactics of the insurance company
The aftermath of a car accident can be equally stressful. Victims of injuries are often confronted with medical bills, loss of income due to not being able to work or suffer physical discomfort. Rent and other daily expenses are also a concern. The last thing they need is to be sucked into the tactics of an insurance company trying to get them to accept a settlement offer that is low.
You Tube are in business to earn money. They do this by refusing or reducing your claims. Insurance agents will employ every tactic they can to prevent you from getting the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will take on insurance companies and their devious tactics.
To save money insurance companies will do anything they can to delay or stall your claim. They may also attempt to avoid liability by arguing that the injuries are not related to the accident or that they do not require treatment. They could even argue that your accident was caused by an earlier medical condition.
In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a classic trick that a lot of people fall for. This offer is much lower than the amount you have to pay to cover your medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance coverage. It is nevertheless 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 texts or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.
Reckless driving
You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you investigate the crash to identify all parties who may be accountable for your injuries and losses. They can also file a claim or lawsuit against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists at risk. To find someone guilty the police officer must prove more than mere negligence or recklessness. This means that the police officer must prove that the driver was aware of their actions could cause an accident or put others in danger.
In some cases, even a minor traffic offense can be viewed as a form of reckless driving in New York. For instance driving through a red light or stop sign could lead to serious injuries and accidents. If a driver is found driving recklessly, they could be found guilty of misdemeanor charges and face fines or even jail time.
Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this offense could result in the addition of points to your driver's license, and hefty fines. This could cause drivers' insurance rates to increase significantly. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis.
The laws regarding reckless driving in New York are extremely strict and could result in substantial penalties including fines and imprisonment. The severity of the penalty is contingent on a variety of factors including the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license.
A seasoned reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will demonstrate your innocence. This evidence might include witness statements as well as phone records to look for distracted driving, images and videos from the scene of the crash and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.