A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common occurrence in New York City. Certain accidents could cause serious injuries even if they're only minor collisions. The injured party 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 a crash. They can assist in obtaining compensation for their medical bills and lost wages.
No-fault Insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this system has protected car accident victims from being buried due to out-of-pocket costs, it is important to know what it is and what it does not mean.
To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain criteria. You must first and foremost be injured in an accident in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by a certified provider. You must also have suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are serious and can have a negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident.
A lawyer can assist with the legal process in numerous ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also file a lawsuit in court on behalf of you against the negligent driver who caused the accident.
After a serious car accident, you may be facing astronomical medical expenses, lost wages and other costs. No-fault insurance is able to pay for these and other expenses, so you should seek treatment after a crash, even if you feel okay.
If you are unable to return to work because of an accident, no-fault insurance can pay up to $2,000 in lost wages per month. You Tube will also cover an important portion of your out-of-pocket costs, including the cost of household assistance.
Insurance companies often try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, since failure to attend could result in an appeal to the benefits.
Purely comparative fault
In many cases of car accidents the plaintiffs could be partially or fully responsible for the incident. The law permits injured parties to seek damages based on the percentage of fault that can be given to them. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount that a claimant could be found to be owed to prevent them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal responsibility for the accident is contingent upon showing two things: negligence and causation. Negligence refers to breaking the law or acting with reckless carelessness. The causality is the way the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as pain and suffering.
New York is among the 13 states with a pure comparative-fault law. This means that the injured party may still be able to claim compensation even if they are partially responsible. However, if the claimant is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this case it is crucial to consult with a seasoned attorney.
Comparative fault can be applied to any personal injury or wrongful death situation in which the victim (or their heirs) have suffered physical or mental damages. The concept of comparative fault is more complex in the case of wrongful death.
The principle of comparative fault is very important to understand when making claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
In addition, if have multiple defendants in your case, the concept of joint and numerous liability could be applicable. This is a system that divides the judgment between all defendants in the event that the jury finds that you are jointly and severally responsible for the incident. This is a great way to ensure you receive the maximum amount of compensation for your injuries.
Strategies of insurance companies
The aftermath of a car accident can be equally stressful. The victims of injuries typically must deal with medical bills and a loss of income from being incapable of working and suffer from physical pain and emotional stress. Rent and other daily expenses are also a concern. The last thing they need is to be subjected the stalling tactics of an insurance company who is trying to convince them to accept a low settlement offer.
The truth is that the majority of insurance companies are focused on making money and they do it by denying or cutting claims. Insurance companies will employ any strategy to prevent you from receiving the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies' sly strategies.
In order to save money insurance companies will do anything they can to delay or stall your claim. They will also try to avoid responsibility by claiming that your injuries aren't related to the crash or do not require treatment. They may even claim that your crash was the result of a prior medical condition.
In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a common trick that a lot of people are enticed by. In reality, this offer will be much lower 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. It is nevertheless common for people to get injured when driving or riding in another person's vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses a device while driving to send or receive messages or make phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes include drunk driving, road conditions, and weather.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine who might be accountable for your injuries and the damages. They can also make a claim or a lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as the act of operating the vehicle in a way that puts at risk the lives and safety of other drivers and pedestrians or riders 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 show that the driver was aware of their actions could cause an accident or put others at risk.
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 can result in a serious accident. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanors and be subject to penalties such as fines or jail time.
Reckless driving may cause serious injuries to pedestrians, bicyclists, and motorists. Those who are convicted of this offense will receive points added to their licenses and could be subject to large fines. This can result in a driving's premiums rising significantly. 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 severe penalties, including fines and prison. The severity of a penalty is contingent on a variety of variables, such as the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
A reckless driving accident lawyer who is experienced will know how investigate the causes of an accident and gather evidence to show your innocence. This evidence could include witness statements, phone records to check whether the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you the most compensation for your injuries.