A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are common. Certain accidents could cause serious injuries even if they're only minor collisions. The injured party must immediately contact 911 and seek medical care.
A New York car accident lawyer can assist victims with their legal needs following an accident. 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. While this has helped to protect car accident victims from being buried by expenses out of pocket, it is important to know what it means and does not mean.
To qualify for No-Fault Insurance you must satisfy a few criteria. You must first and foremost be injured in an accident in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a certified provider. You must also have suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries that could have a significant negative impact on the person's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve.
Following a serious car accident An attorney can assist you in a number of ways. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also make a court-filed lawsuit on your behalf against the negligent driver responsible for the crash.
Following a serious car crash, you may be facing massive medical bills, lost wages, and other costs. No-fault insurance can cover these costs, and you should always seek treatment following a crash, even if you feel well.
If you are unable to return work because of an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It also covers the majority of your out-of-pocket expenses such as the cost of household assistance.
Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failure to do so may result in retroactive denials of benefits.
Pure comparative fault
In many cases of car accidents, the plaintiffs may be partially or fully responsible for the accident. The law allows injured parties the right to recover damages based on their percentage of blame. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a person could be found to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent.
In Highly recommended Resource site for the accident rests on showing two things that are causation and negligence. Negligence refers to breaking a law or acting with reckless carelessness. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal liability, the plaintiff must also demonstrate the economic loss caused by their injuries, like medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, suffering and pain.
New York is one of the states that have absolute comparative fault laws, which means that injured parties are still able to seek compensation even if they are partially at fault. If the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In this situation it is essential to consult with a seasoned attorney.
Comparative fault can be applied to almost any personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault can be a bit more complicated in wrongful death claims.
The concept of comparative blame is crucial to know when making claims for compensation following an accident in New York. Your lawyer will help you determine the extent of your own contribution to the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries.
In addition, if you have several defendants in your case the concept of joint and multiple liability may apply. This is a method which splits the verdict among all the defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great way to ensure that you receive the most amount of compensation for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, and the aftermath can be more difficult. Injured victims often confront medical bills as well as a loss of income as a result of being incapable of working, not to mention their emotional and physical pain. Rent and other expenses are also a problem. They don't need to be subjected to the stalling tactics used by insurance companies to convince them to accept low settlement offers.
The reality is that most insurance companies are in the business of making money, and they do it by denying or cutting claims. Insurance agents will use every tactic possible to deny you the money you are entitled to. It is essential to find an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly tactics.
In order to save money, insurance companies will do anything they can to delay or stop your claim. They will also try and keep the blame off by claiming that your injuries aren't directly related to the crash or that they do not require treatment. They may even claim that your accident was caused by a previous medical condition.
In some cases, the insurance adjuster will offer a settlement that appears reasonable. This is a classic trick that a lot of people fall for. This offer is much lower than the amount you'll need to pay in order to cover medical expenses and other damages.
New York law requires that all drivers carry no-fault coverage. It is not unusual for people to suffer injuries while driving another's vehicle or in their own vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using an electronic device to send or receive text messages, make phone calls or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes include drunk driving, road conditions and weather.
Reckless driving
If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify all parties who may be responsible for your injuries and losses. They could also file a lawsuit or claim against the driver in order to claim damages.
The New York criminal code defines reckless driving as operating an automobile in a manner that poses a threat to the lives and safety of other drivers and pedestrians or riders on bicycles. To convict a person of this crime, a police officer must show more than just negligence or carelessness. This means that the officer must show that the driver was aware of their actions were likely to cause an accident or put others in danger.
In certain instances even a minor traffic offense can be considered a form of reckless driving in New York. For instance driving through the red light or stopping sign could cause a serious accident and injury. If a driver is caught driving recklessly, they could be found guilty of misdemeanor charges and face penalties such as fines or jail time.
Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. If convicted of this offense will receive points added to their licenses and may be subject to massive fines. This could cause drivers' insurance rates to go up substantially. It is essential to find an New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis.
The laws governing reckless driving in New York are extremely strict and could lead to substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a number of factors like the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license.
An attorney for reckless driving who has experience 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 determine whether the driver was distracted, photographs and videos captured 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 obtaining the maximum amount of compensation for your injuries.
