A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common event in New York City. While the majority of them are just accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately contact 911 and seek medical care.
A New York car accident lawyer can assist victims with their legal issues following the crash. They can help victims obtain compensation for medical expenses and lost income.
No-fault Insurance
New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical expenses, lost wages, and other incident-related expenses. This system has protected car accident victims against being weighed down by out-of-pocket expenses. However it is crucial to know what it means.
To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost, you must have been injured in an accident in New York. You must also be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. You must have also suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely serious injuries that could have a significant negative impact on the life of the victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve.
After a serious auto accident An attorney can assist you in a variety of ways. They can provide you with legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They can also bring a lawsuit to court on behalf of you against the driver who caused the accident.
You could be required to pay astronomical medical bills as well as lost wages and other expenses after a serious auto accident. No-fault insurance will pay for these, and you should always seek treatment after an accident, even though you feel well.
If you are unable to return work due to an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It also covers a number of your out-of-pocket expenses, like the cost of household assistance.
Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, since failing to do so could result in an appeal to the benefits.
Pure faults of a comparative nature
In many car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law permits injured parties to seek damages according to the proportion of fault that can be assigned to them. This is called pure comparative negligence. Pure comparative is different from modified comparative, which limits the amount a claimant could be found to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two things in order to be legally accountable for the accident that is, negligence and causality. Negligence refers to breaking a law or acting with reckless carelessness. Causation refers to how the negligence directly contributed to the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses, caused by their injuries. Other non-economic losses include emotional trauma, pain and suffering.
New York is one of the 13 states that have absolute comparative fault laws, which means that injured parties may still pursue recovery even when they are at the fault. If the claimant is found to be more than 50% at fault, they will be disqualified from claiming damages. In this case it is crucial to consult a knowledgeable lawyer.
Comparative fault applies to any personal injury or wrongful-death case in which the victim (or the heirs) have suffered physical or mental damages. The concept of comparative blame is more complicated in wrongful death cases.
The concept of comparative fault is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries.
In addition, if have several defendants in your case the concept of joint and numerous liability could be applicable. This is a method that divides the judgment between all defendants if the jury finds that you are jointly and severally responsible for the incident. This is an excellent way to ensure you get the maximum amount of compensation for your injuries.
Insurance company tactics
The aftermath of a car crash can be just as stressful. Victims of injuries often must deal with medical expenses and loss of income due to being unable to work and suffer from physical pain and emotional stress. Rent and other expenses are also a concern. The last thing they want is to be subjected to the tactics of an insurance company trying to get them to accept a settlement offer that is low.
The reality is that most insurance companies are in the business of making money, and they do this by denying or reduction of claims. Insurance agents will use every method to deny you the money you deserve. It is essential to find an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sneaky strategies.
To save money insurance companies will do everything they can to delay or stop your claim. They also try to avoid liability by arguing that the injuries are not connected to the accident or that they do not require treatment. They may even argue that you had a prior medical issue that is responsible for the crash.
In some cases, the insurance adjuster will offer a settlement that appears reasonable. This is a common trick that a lot of people fall to. You Tube is lower than the amount you'll must pay to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. However, it is common for people to be injured when driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using devices to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine all parties who may be responsible for your injuries and losses. They could also initiate a lawsuit or claim against the driver in order to collect damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists at risk. To convict someone of this crime an officer of the police force must prove more than carelessness or negligence. This means that the officer must prove that the driver knew their actions could cause an accident or put others in danger.
In certain instances even a minor traffic infraction can be considered a form of reckless driving in New York. Driving through a stop sign or red light could result in serious accidents. If a driver is found to be driving recklessly, they may be convicted of a misdemeanor offense and face an indictment or a fine.
Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. Those who are convicted of this offense will have points added to their license and could face large fines. This can cause a driver's insurance rates to increase substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly.
New York's reckless-driving laws are very strict and can result in significant penalties, including fines and jail time. The severity of the penalty depends on a variety of factors including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license.
An experienced reckless accident lawyer will know how to determine the cause of a collision and gather evidence that will demonstrate your innocence. This could include witness statements as well as phone records to look for distracted driving, photos and videos of the scene of the accident, official medical reports, and toxicology reports. They will file and defend insurance claims or lawsuits to ensure you receive the maximum compensation for your injuries.
