A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular occurrence in New York City. While most of them are collisions between cars, some may result in serious injuries. The injured party should immediately contact 911 and seek medical attention.
A New York car accident lawyer can assist victims with their legal issues following an accident. They can help them obtain compensation 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 automatically by their automobile insurance policies. This includes medical expenses, lost wages and other related costs to an accident. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket costs. However it is crucial that you understand what it means.
To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost, you must be injured in an accident in New York. You must also be a driver, passenger in the vehicle insured, or a cyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. In addition you must have suffered a "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. These are all extremely serious injuries, and could have a significant negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
A lawyer can assist you with the legal process in many ways following a serious car accident. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident.
In the aftermath of a serious crash you could be faced with astronomical medical bills, lost wages, and other expenses. No-fault insurance can cover these costs as well, and you should seek treatment after an accident, even if you feel fine.
If you are unable to return work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It can also cover many of your out-of-pocket costs, such as the cost of household assistance.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must be present at these appointments, since failure to attend could result in a retroactive denial of benefits.
Purely comparative fault
In many car accident cases, the plaintiffs may be partially or fully responsible for the accident. The law grants injured parties the right to be compensated based on their percentage of fault. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which limits the amount of fault the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two things to be legally accountable for the crash that is, negligence and causality. Negligence refers to breaking the law or acting with reckless carelessness. Causation refers to how the negligence directly contributed to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma and suffering and pain.
New York is one of the 13 states that have strict comparative fault laws which means that injured parties are still able to seek compensation even when they are at fault. If the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this situation it is crucial to work with a knowledgeable lawyer.
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. The concept of comparative fault is more complicated in the case of wrongful death.
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 help you determine the extent of your own contribution to the accident, and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
In addition, if you have multiple defendants in your case, the concept of joint and multiple liability could be applicable. The system splits the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you get the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents can be stressful enough, but the aftermath can be more challenging. Injured victims often confront medical bills as well as a loss of income from being incapable of working in addition to their emotional and physical pain. They also have to think about whether they can afford rent and other daily expenses. They don't have to be subjected to the strategies of stalling employed by insurance companies to get them to accept lower settlement offers.
Insurance companies are in business to make money. They do this by refusing or reducing your claims. Insurance companies will employ any tactic they can to prevent you from getting the compensation you deserve. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies and their sneaky tactics.
To save money, insurance companies will do everything they can to delay or stop your claim. They will also try and avoid responsibility by arguing that your injuries aren't connected to the accident or do not require treatment. They may even claim that your accident was caused by an earlier medical condition.
In some cases an insurance adjuster may come up with an amount for settlement that seems reasonable. This is a classic method that a lot of people are enticed by. In reality, this offer is significantly less than what you really need to pay for your medical treatment and other damages.
Edinburg injury lawyer requires that all drivers carry no-fault coverage. However, it is not uncommon for people to get injured when driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver uses devices while driving to send or receive messages or make phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions.
Reckless driving
You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you examine the crash to determine all parties that could be liable for your injuries and losses. They could also make a claim or lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that poses a threat to the lives and safety of other drivers and pedestrians on bicycles. To convict someone of this crime, a police officer must prove more than negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or place others in danger.
Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light can result in serious accidents. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor crime and be subject to a fine or jail time.
Reckless driving can cause severe injuries to pedestrians, drivers, and bicyclists. A conviction for this crime could result in the addition of points to your license as well as hefty fines. This could lead to a driving's premiums rising significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure the driver is held accountable fairly.
The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of the punishment depends on several factors such as the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence.
A seasoned reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence to prove your innocence. This could include witness statements and cellphone records to look for distracted driving, images and videos from the scene of the accident, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.