A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent occurrence in New York City. While the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. Anyone injured should dial 911 and seek medical attention immediately.
A New York car accident lawyer can assist victims with their legal issues after an accident. They can assist them in obtaining compensation for their medical bills and lost wages.
No-fault insurance
New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical expenses, lost wages and other costs related to accidents. While this system has protected car accident victims from being buried due to expenses out of pocket but it is essential to understand exactly what it does and does not mean.
To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. First and foremost you must be injured in a motor vehicle accident that occurred in the state of New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by an authorized provider. Additionally you must have sustained an "serious injury."
Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. All of these are serious and could have a negative impact on a victim's life. A New York injury lawyer can help you if you have been injured in a serious New York car accident.
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 can also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident.
After a serious car accident, you may be facing astronomical medical bills, lost wages and other costs. No-fault insurance is able to cover these costs, and you should always seek out treatment after an accident, even though you feel okay.
If you are unable return to work, no-fault will pay for 80% of your lost wages up to $2,000 per month. It can also cover the majority of your out-of-pocket expenses such as the cost of household assistance.
Insurance companies often try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as failing to attend could result in retroactive denials of benefits.
Purely faults that are comparable
In many cases of car accidents plaintiffs may be partially or fully responsible for the incident. The law grants injured parties the right to be compensated in proportion to their share of blame. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a person could be found to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent.
In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things that are causation and negligence. Negligence is the violation of an act of law, or committing an act of negligence that is unreasonable. The causality is the manner in which the negligence caused the injury. To prove legal responsibility, the plaintiff must also demonstrate the economic loss caused by their injuries, like medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma, pain and suffering.
New York is among the 13 states with a pure comparative-fault law, which means that the injured party may still be able to claim compensation even if they are partially at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case it is essential to work with an experienced attorney.
Comparative fault can be applied to almost every personal injury or death case where the victim (or the heirs of the deceased) has suffered physical or emotional damages. You Tube of comparative blame is more complicated 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 collaborate with insurance companies to get you the maximum amount of compensation for your injuries.
Additionally, if you have multiple defendants in your case, the concept of joint and several liability could be applicable. This system divides the verdict between all defendants when the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries.
Strategies of insurance companies
The aftermath of a car accident can be as stressful. Injured victims are often confronted with medical bills, loss of income due to not being able to work or suffer physical discomfort. Rent and other daily expenses are also a major concern. The last thing they need is to be sucked into the tactics of an insurance company trying to get them accept a settlement offer that is low.
The fact is, most insurance companies are in the business of making money, and they do it by denying or reducing claims. Insurance companies will employ any method to stop you from obtaining the compensation you deserve. This is why it's so important to hire an New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky tactics.
To save money insurance companies will do anything they can to delay or derail your claim. They also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or they do not require treatment. They might even claim that you suffer from a previous medical issue that is responsible for the crash.
In certain cases an insurance adjuster may determine a settlement amount that seems reasonable. This is a common trick that many people fall prey to. In reality, this offer will be much lower than the amount you will actually have to pay for your medical treatment and other damages.
The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to sustain injuries when driving a vehicle of another or in their own vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving is when a driver uses a device to send or receive text messages, make phone calls, or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify the parties liable for your injuries and losses. They may also file a claim or lawsuit against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict a person of this crime an officer of the police force must show more than just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.
In some instances even a minor traffic infraction could be viewed as a type of reckless driving in New York. For instance driving at an intersection with a stop sign could result in a serious accident and injury. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face fines or jail time.
Incorrect driving can cause serious injuries to pedestrians, bicyclists, and motorists. Those who are convicted of this offense will receive points added to their license and could be subject to massive fines. This could result in driver's premiums going up significantly. It is essential to find an attorney in New York who will ensure the driver is convicted fairly.
The laws governing reckless driving in New York are extremely strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on several factors such as the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license.
A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to prove your innocence. This could include witness statements as well as phone records to look for distracted driving, photographs and videos from 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.