A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common incident in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. The injured party must immediately contact 911 and seek medical care.
A New York car accident attorney can help victims with their legal issues after the crash. They can assist them 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 automatically protected by their own auto insurance policies for medical expenses, lost wages, and other accident-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 essential that you understand what it means.
In order to qualify for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost, you must be injured in an accident that occurred in New York. You must be a driver or passenger in the insured vehicle or a bicyclist or pedestrian struck by the vehicle. The person injured must be treated in a hospital or by a licensed medical professional. In addition you must have sustained an "serious injury."
New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely serious injuries, and can have a devastating negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you deserve.
In the aftermath of a serious auto crash, a lawyer can assist you in a variety of ways. They can help you understand your legal options, conduct an extensive 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.
You may have to pay astronomical medical costs along with lost wages and other expenses following a serious accident. No-fault insurance can pay for these, and you should always seek out treatment after an accident, even though you feel fine.
If you are unable return to work, no-fault will pay 80 percent of your lost wages up to $2,000 per month. It will also cover a lot of your out-of-pocket expenses, like the cost of household assistance.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. It is mandatory to attend, since failure to do so may result in denial of benefits retroactively.
Pure faults that are comparable
In many cases of car accidents plaintiffs may be liable in part or full for the incident. The law permits the injured party to claim damages based on the proportion of the blame that is attributable to them. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault a claimant can be deemed to have to exclude them from receiving financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent.
In a car accident the plaintiff must prove two things to be legally accountable for the crash that is, negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. Causation is the process by which the negligence directly caused the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as pain and suffering.
New York is among the 13 states that have a strict comparative-fault law. This means that injured parties can still seek compensation if they were partially responsible. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this situation it is essential to work with an experienced attorney.
Comparative fault is applicable to nearly every personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in cases of wrongful deaths.
The principle 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 most compensation for your injuries.
Joint and several liability could also be a possibility if there are multiple defendants. The system splits the verdict between all defendants if a jury finds you jointly and severally liable for the accident. This is an excellent way to ensure you get the maximum amount of compensation for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, and the aftermath can be even more difficult. Victims of injuries are often faced with medical bills, loss of income due to being unable to work or suffer physical discomfort. Rent and other expenses are also a major concern. They don't need to be subjected to the strategies of stalling employed by an insurance company to convince 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 employ every method to stop you from receiving the compensation you deserve. 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 are experienced in fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sly tactics.
Insurance companies will do everything they can to delay your claim or slow the negotiations in order to save as much money as possible. They will also try to avoid responsibility by claiming that your injuries are not related to the crash or that they don't require treatment. They might even claim that you had a prior medical condition that is the reason for the crash.
In certain cases an insurance adjuster might come up with an amount for settlement that seems reasonable. This is a common trick that a lot of people fall to. The offer is significantly less than the amount you need to pay in order to cover your medical expenses and other damage.
New York law requires that all drivers have no-fault insurance. It is not uncommon for people to sustain injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving occurs when a driver is using devices while driving to send or receive texts or phone calls or listen to music. Distracted driving can lead to 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 suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine all parties that could be responsible for your injuries and the damages. They may also file a claim or lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating an automobile in a manner that poses a threat to the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer has to prove more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could have caused an accident or place others in danger.
Even minor traffic violations can be considered reckless driving in New York. For example driving at a red light or stop sign could result in serious injuries and accidents. If a driver is caught driving recklessly, he or she may be convicted of misdemeanors and be subject to fines or jail time.
Reckless driving may cause serious injuries to pedestrians, bicyclists, and motorists. Those who are convicted of this offense will have points added to their license and may be subject to massive fines. This can cause a driver's insurance rates to increase significantly. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner.
web link governing reckless driving in New York are extremely strict and could lead to substantial penalties that include fines and jail time. The severity of the punishment depends on several factors including the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended.
A seasoned reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine whether the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to secure the highest amount of compensation for your injuries.