A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are a common occurrence. Although the majority of them are simply collisions between cars, some may cause serious injuries. The injured party should immediately contact 911 and seek medical attention.
A New York car accident lawyer can assist victims with their legal requirements following the crash. They can assist them in obtaining the compensation they need 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 covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried by expenses out of pocket, it is important to know what it is and what it does not mean.
To qualify for No-Fault Insurance You must satisfy some requirements. First of all you must be injured in a vehicle accident that occurred within the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a licensed provider. Additionally, you must have suffered an "serious injury."
Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. All of these injuries are severe and can have a negative impact on the life of a victim. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
After a serious auto accident, a lawyer can assist you in a variety of ways. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident.
There is a chance that you will have to pay astronomical medical bills as well as lost wages and other expenses following a serious car accident. These costs can be covered by no fault insurance, and you should seek treatment immediately following a car crash even if you feel as if you're in good shape.
If you are unable return to work, no-fault will pay 80 percent of your lost wages up to $2,000 per month. It can also cover an important portion of your out-of-pocket expenses such as the cost of household help.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. Attendance is mandatory, as the absence of this could result in denial of benefits retroactively.
Pure comparative fault
In a majority of car accident lawsuits, the plaintiffs are partially or completely accountable for the incident. The law permits injured parties to recover damages according to the percentage of the blame that is attributable to them. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant may be deemed to have to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.
In a car accident, the plaintiff must prove two things in order to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. Causation refers to the way in which the negligence directly contributed to the injury. To establish legal liability the plaintiff must prove the economic damages caused by 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 among the 13 states that have a strict comparative fault law, which means that those who are injured could still be able to seek compensation if they were partially responsible. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this case it is essential to consult with a seasoned attorney.
Comparative fault applies to almost any personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complex in cases of wrongful deaths.
The concept of comparative blame is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to secure the maximum compensation for your injuries.
In addition, if have several defendants in your case the concept of joint and several liability could be applicable. This system divides the verdict among all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents are stressful enough, but the aftermath can be more challenging. Victims of injuries are often faced with medical bills, loss of income due to being unable to work, and physical discomfort. Rent and other daily expenses are also a problem. The last thing they want is to be subjected the tactics of an insurance company that is trying to get them accept a settlement offer that is low.
Insurance companies exist to earn money. They do this by denying or reduce your claims. Insurance agents will use every trick to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. 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 shady tactics.
Insurance companies will do all they can to delay your claim or stall negotiations to save as much as possible. They may also attempt to keep the blame off by claiming that the injuries are not directly related to the crash or that they do not require treatment. They might even claim that you suffer from a previous medical condition that is to blame for your crash.
In Fort Smith injury lawyer You Tube might determine an amount for settlement that seems reasonable. This is a common tactic that a lot of people fall to. The offer is significantly less than the amount you need to pay in order to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for people to sustain injuries while driving another person's car or in their vehicle. The most frequent causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver uses a device to send or receive text messages, makes phone calls, or listens to music while behind the wheel. 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 conditions.
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 help you in analyzing the crash to determine the parties that might be accountable for your injuries and damages. They can also initiate a lawsuit or claim against the driver to claim damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty the police officer has to prove more than just negligence or carelessness. 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.
Even minor traffic violations can be considered reckless driving in New York. For example driving at an intersection with a stop sign could lead to serious injuries and accidents. If a driver is caught driving recklessly, they may be convicted 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 driver's license, as well as hefty fines. This can result in a driver's insurance premiums increasing significantly. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is found guilty fairly.
The laws governing reckless driving in New York are extremely strict and could result in severe penalties, including fines and imprisonment. The severity of the punishment depends on several factors including the severity of the accident and whether or not there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license.
A reckless driving accident attorney who has experience will be able to determine the cause of an accident and gather evidence to show your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, photos and videos of the scene of the crash, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.