A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent incident in New York City. Although the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately call 911 and seek medical care.
A New York car accident lawyer can help victims with their legal issues following a crash. They can assist in obtaining the compensation they need for medical expenses and lost wages.
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 costs related to accidents. This system has protected the victims of car accidents from being burdened with out-of pocket expenses. However it is crucial that you understand what it means.
In order to qualify for the benefits of No-Fault insurance, you must meet certain requirements. First and foremost, you must have been injured in an accident in New York. You must also be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian hit by the vehicle. Allen injury lawyers injured party must also be treated at an accredited hospital or provider. In addition you must have sustained a "serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. 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.
Following a serious car accident, a lawyer can assist you in a variety of ways. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the driver who caused the accident.
You may have to pay astronomical medical bills along with loss of wages, and other costs following a serious car accident. These expenses are covered by no-fault insurance, and you should seek treatment immediately following a collision, even if it feels like you are fine.
If you are unable to return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It will also cover an important portion of the cost you incur out-of-pocket which includes the cost of household assistance.
Insurance companies frequently try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, as not attending could result in a retroactive denial of benefits.
Purely comparative fault
In a lot of car accident cases the plaintiffs could 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 the blame that is given to them. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault the claimant could be considered to have in order to disqualify them from financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent.
In a car accident, the plaintiff must prove two things in order to be legally accountable for the crash that is, negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. Causation is the process by which the negligence directly caused the injury. To prove legal responsibility the plaintiff must demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income and travel costs to appointments. 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 claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent at fault, they are exempt from any claim for damages. In this case 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 descendants of the deceased) has suffered emotional or physical damages. However the concept of comparative fault is a bit more complicated in wrongful death claims.
The concept of comparative fault is very important to understand when making an action for compensation following an accident in New York. Your lawyer will work with the insurance companies to get you the maximum compensation for your injuries.
Joint and several liability could also be a possibility if there are multiple defendants. This system divides the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great method to ensure you receive the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents can be stressful enough, and the aftermath can be more difficult. Injured victims are often faced with medical bills, loss of income due to being unable to work or suffer physical pain. They also have to worry about whether they can afford rent and other expenses that are part of their daily lives. They don't have to be subjected the strategies of stalling employed by an insurance company to try and get them to accept lower settlement offers.
The truth is that the majority of insurance companies are in the business of making money and they do this by denial or cutting claims. Insurance companies will employ any tactic they can to prevent you from getting the compensation you are entitled to. This is why it's crucial to find an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky tactics.
In order to save money, insurance companies will do everything they can to delay or stall your claim. They will also try to evade responsibilities by arguing that your injuries aren't directly related to the crash, or do not require treatment. They may even claim that your crash was caused by a previous medical condition.
In some cases an insurance adjuster may arrive at a settlement amount that seems reasonable. This is a common trick that many people fall to. This offer is much lower than the amount you must pay to cover your medical expenses and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver uses devices to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help examine the crash to determine all parties who may be responsible for your injuries and losses. They may also make a claim or lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as operating the vehicle in a way that endangers the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone, a policeman must show more than just negligence or recklessness. This means that the officer must show that the driver knew their actions could cause an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light can result in serious accidents. If the driver is found to be driving recklessly, they may be found guilty of a misdemeanor offense and could face a fine or jail time.
Unsuspecting driving can cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this offense could result in the addition of points to your license, as well as hefty fines. This could cause driver's insurance rates to go up substantially. It's important to hire an New York reckless driving accident attorney who will ensure the driver is held accountable fairly.
New York's reckless driving laws are very strict and could result in severe penalties, including fines and imprisonment. The severity of a penalty is contingent on a variety of variables like the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license.
A seasoned reckless accident lawyer will know how to determine the causes of a crash and gather evidence that will demonstrate your innocence. This could include witness statements, phone records to check whether the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.