A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent event in New York City. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should call 911 and seek medical attention as soon as possible.
A New York car accident lawyer can assist victims with their legal needs after the crash. They can help victims obtain compensation for medical expenses as well as lost income.
No-fault insurance
New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages, and other related costs to an accident. This system has protected car accident victims against having to pay out-of-pocket expenses. However, it is important that you understand what it means.
To qualify for No-Fault Insurance, you must meet some requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by an authorized provider. You must be able to prove that you suffered "a serious injury."
Newport Beach injury attorneys defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries, and 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.
A lawyer can help you with the legal process in numerous ways following a serious auto accident. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also file a court case on your behalf against the driver who caused the crash.
After a serious car accident you could be faced with huge medical expenses, lost wages and other expenses. No-fault insurance is able to pay for these and other expenses, so you should seek out treatment after a crash, even if you feel well.
If you're unable to return to work, no-fault will pay 80 percent of your lost wages up to $2,000 per month. It also covers the majority of the cost you incur out-of-pocket such as the cost of household help.
Insurance companies often try 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 failing to attend could result in retroactive denials of benefits.
Pure comparative fault
In a lot of car accident cases the plaintiffs could be partially or fully responsible for the accident. The law permits the injured party to claim damages according to the percentage of fault that can be assigned to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent.
In a car accident case the plaintiff's legal liability for the crash depends on showing two things: negligence and causation. Negligence is the act of breaking a law or committing an act with reckless carelessness. The causality is the way that the negligence led to the injury. To prove legal responsibility, the plaintiff must also show the economic losses caused by their injuries, like medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma, pain and suffering.
New York is one of the 13 states that have strict comparative fault laws which means that the injured party are still able to seek compensation even in the event that they are partly at fault. If the claimant is found more than 50 percent at fault, they are not able to claim damages. In this situation it is crucial to consult a knowledgeable lawyer.
Comparative fault can be applied to any personal injury or wrongful-death situation in which 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 cases.
The concept of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will work with insurance companies to ensure that you receive the maximum compensation for your injuries.
In addition, if you have several defendants in your case, the concept of joint and multiple liability could apply. This system splits the verdict between all defendants when the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries.
The tactics of the insurance company
Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries often have to deal with medical bills as well as a loss of income due to being incapable of working and suffer from physical pain and emotional stress. Rent and other costs of daily living are also a problem. The last thing they want is to be subjected the tactics of a stalling insurance company that is trying to convince them to accept a low settlement offer.
Insurance companies are in business to make money. They do this by refusing or reduce your claims. Insurance agents will employ every tactic they can to prevent you from receiving the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will fight insurance companies and their shady tactics.
Insurance companies will do everything they can to delay your claim or stall the process to save as much as possible. They may also attempt to avoid responsibility by claiming that your injuries are not related to the crash or that they don't require treatment. They could even argue that your crash was the result of a prior medical condition.
In certain cases an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a classic scam that a lot of people fall for. This offer is much lower than the amount you'll 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 not unusual for people to sustain injuries while driving another person's car or in their own vehicle. Some of the most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving occurs when a driver uses a device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are 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 help you in analyzing the accident to determine who may be responsible for your injuries and damage. They can also make a claim or lawsuit against the driver in order to claim damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To convict someone the police officer has to prove more than just negligence or recklessness. This means that the police officer must show 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 considered a form of reckless driving in New York. For instance driving at a red light or stop sign could lead to serious injuries and accidents. If the driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and face an indictment or a fine.
Incorrect driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this type of offense can lead to the addition of points to your license, as well as hefty fines. This can cause a driver's insurance rates to increase substantially. It's important to hire a New York reckless driving accident attorney to ensure that the driver is found guilty fairly.
New York's reckless-driving laws are extremely strict and could result in significant 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 conviction for reckless driving could also result in suspension of a driver's license.
An attorney for reckless driving who is experienced can determine the causes of an accident and gather evidence to show your innocence. The evidence could include witness statements as well as phone records to look for distracted driving, photos and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.