A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common event in New York City. Although the majority of them are just fender benders, some can result in serious injuries. The injured party must immediately contact 911 and seek medical attention.
A New York car accident lawyer can help victims with their legal requirements following the crash. They can help them obtain the compensation they need for medical expenses and lost wages.
No-fault Insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. While this has helped to protect car accident victims from being buried due to out-of-pocket costs but it is essential to know exactly what it does and does not mean.
In order to qualify for the benefits of No-Fault insurance, you have to meet certain 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, a passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by an authorized medical professional. In addition, you must have suffered a "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these injuries are severe and could have a negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident.
A lawyer can help you with the legal process in a variety of ways following a serious car accident. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident.
In the aftermath of a serious crash you could be faced with huge medical expenses, lost wages and other costs. No-fault insurance will help with these costs and other expenses, so you should seek out treatment after an accident, even though you feel well.
If you are unable to return to work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It will also cover a large portion of your out-of-pocket expenses, including the cost of household help.
Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that the absence of this could result in denial of benefits retroactively.
Pure comparative fault
In many car accident lawsuits plaintiffs are either completely or partially responsible for the accident. The law allows injured parties to recover damages according to their percentage of the fault. This is referred to as pure comparative fault. My Web Site differs from modified comparative, which caps the amount that a claimant could be considered to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent.
In the case of a car crash, the plaintiff's legal responsibility for the crash depends on proving two things: negligence and causation. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal responsibility, plaintiffs must also show economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering.
New York is one of the 13 states with absolute comparative fault laws, which means that injured parties are still able to seek compensation even if they are partially at the fault. If the claimant is found to be more than 50 percent at fault, they are barred from claiming damages. In this case, it's important to work with a knowledgeable attorney.
Comparative fault can be applied to any personal injury or wrongful death case where the victim (or the heirs) have suffered mental or physical damages. However the concept of comparative fault is slightly more complicated in wrongful death claims.
It is essential to comprehend the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries.
Joint and several liability can also apply if there are several defendants. This system splits the verdict among all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
The tactics of the insurance company
Car accidents can be stressful enough, but the aftermath can be more difficult. Victims of injuries are often confronted with medical bills, lost income due to not being able to work or suffer physical discomfort. They also have to think about whether they can cover rent and other daily expenses. The last thing they need is to be subjected to the tactics of an insurance company trying to convince them to accept a low settlement offer.
The fact is, most insurance companies are in the business of making money and do this by denial or reducing claims. Insurance companies will employ every trick to deny you the money you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies' sly tactics.
Insurance companies will do everything in their power to delay your claim or stall the process to save as much as possible. They may also attempt to keep the blame off by claiming that the injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for the crash.
In some instances an insurance adjuster may determine an amount for settlement that seems reasonable. This is a classic scam that many people fall for. The offer is significantly less than the amount you must pay to cover medical expenses and other damages.
The law in New York requires all drivers to have no-fault insurance. However, it is common for people to be injured while driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving occurs when a driver uses a device while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions.
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 assist you examine the crash to determine all parties that could be accountable for your injuries and losses. They could also initiate a lawsuit or claim against the driver to claim damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists in danger. To convict someone of this crime the police officer must demonstrate more than mere carelessness or negligence. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger.
Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light could cause a serious accident. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or jail time.
Reckless driving may cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this type of offense could result in the addition of points to your driver's license, as well as substantial fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner.
New York's reckless-driving laws are very strict and can result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors including the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.
A reckless driving accident attorney with experience can determine the cause of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest compensation for your injuries.