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. While the majority of them are collisions between cars, some may result in serious injuries. The injured party should immediately call 911 and seek medical attention.
A New York car accident attorney can assist victims with their legal issues after an accident. They can assist them 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 all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages, and other costs related to accidents. This system has protected the victims of car accidents from having to pay out-of-pocket costs. However it is crucial that you understand what it means.
To qualify for No-Fault Insurance, you must meet some requirements. First and foremost you must be injured in a vehicle accident that took place in the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by a licensed provider. Additionally you must have sustained an "serious injury."
Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. These are all extremely severe injuries that can have a devastating negative impact on the victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident.
A lawyer can assist you with the legal process in many ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also bring a lawsuit to court on your behalf against the driver responsible for the crash.
After a serious car accident, you may be facing huge medical bills, lost wages, and other expenses. No-fault insurance can help with these costs as well, and you should seek treatment after a crash, even if you feel okay.
If you are unable to return work due to an injury, no fault insurance will pay up to $2,000 for lost wages per month. It will also cover a large portion of the cost you incur out-of-pocket which includes the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must show up for these appointments, since failure to attend could result in a retroactive denial of benefits.
Purely comparative fault
In many car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law allows injured parties to seek damages in proportion to the percentage of fault that can be assigned to them. 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 them from receiving financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two elements to be legally accountable for the accident the other being negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. Causation refers to the way in which the negligence directly contributed to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as suffering and pain.
New York is one of the states that have pure comparative fault laws, which means that injured parties can still seek recovery when they are at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this situation it is essential to work with an experienced attorney.
Comparative fault can be applied to any personal injury or wrongful-death situation where the victim (or the heirs) have suffered mental or physical damages. However the concept of comparative fault can be a bit more complicated in wrongful death claims.
It is important to understand the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure that you receive the maximum compensation possible for your injuries.
Additionally, if you have several defendants in your case, the concept of joint and several liability could be applicable. This is a method that splits the judgment amongst all the defendants if the jury determines that you are jointly and severally liable for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be just as stressful. The victims of injuries typically confront medical bills and a loss of income from being incapable of working and suffer from emotional and physical pain. Rent and other costs of daily living are also a concern. The last thing they want is to be subjected to the tactics of an insurance company that is trying to convince them to accept a settlement offer that is low.
Insurance companies exist to make money. They do this by refusing or reduce your claims. Insurance representatives will use any strategy to prevent you from obtaining the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our attorneys will take on insurance companies and their devious tactics.
In order to save money insurance companies will do whatever they can to delay or stop your claim. They may also attempt to avoid responsibility by claiming that your injuries are not directly related to the crash, or that they don't require treatment. They may even argue that you suffer from a previous medical condition that is the reason for your crash.
In some cases, the insurance adjuster will offer a settlement that appears reasonable. This is a common tactic that a lot of people fall to. This offer is lower than the amount you must pay to cover your medical expenses and other damage.
New York law requires that all drivers carry no-fault coverage. It is not uncommon for people to be injured 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 occurs when a driver is using an electronic device while driving to send or receive messages or phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions, and weather.
Reckless driving
You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine who may be accountable for your injuries and damages. They can also file a lawsuit or claim against the driver to collect damages.
The New York criminal code defines reckless driving as the act of operating the vehicle in a way that poses a threat to the lives and safety of other motorists and pedestrians or riders on bicycles. To find someone guilty the police officer must prove more than just negligence or carelessness. This means that the officer must show that the driver was aware that their actions were likely to cause an accident or put others in danger.
In some cases even a minor traffic offense could be viewed as a type of reckless driving in New York. For example driving through an intersection with a stop sign could cause an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and could face penalties such as fines or jail time.
YouTube can cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this offense could result in the addition of points to your driver's license, as well as substantial fines. This could result in driving's premiums rising significantly. It's important to hire an New York reckless driving accident attorney who will ensure the driver is found guilty fairly.
New York's reckless-driving laws are extremely strict and could result in substantial penalties including fines and imprisonment. The severity of the penalty depends on several factors, including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license.
A seasoned reckless accident lawyer will know how to find out the causes of a crash and gather evidence that will prove your innocence. This could include witness statements, cellphone records to look for distracted driving, photos and videos taken at the scene of the crash and official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.