A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common event in New York City. Some of these accidents can cause serious injuries, even if they are only minor collisions. The injured party must immediately contact 911 and seek medical care.
A New York car accident attorney can assist victims with legal issues after a 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 motorists passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other related expenses. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket costs. However, it is important that you understand what it means.
To qualify for No-Fault Insurance you must satisfy a few criteria. First and foremost, you must have been injured in an accident in New York. You must be a passenger, driver or pedestrian of the insured vehicle. Merced injury lawsuit youtube.com injured must be treated in a hospital or by a certified medical professional. Additionally, you must have suffered an "serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these injuries are serious and can have a negative impact on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve.
Following a serious car accident, a lawyer can assist you in a variety of ways. They can explain your legal options, conduct an extensive investigation and engage with the insurance company on your behalf. They can also file a court case on your behalf against the driver who caused the accident.
After a serious car accident, you may be facing huge medical expenses, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek treatment immediately after a car accident even if you feel like you're fine.
If you're unable to return to work, no-fault will cover 80 percent of your wages lost up to $2,000 per month. It can also cover many of your out of pocket costs, such as the cost of household assistance.
Insurance companies frequently try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, as not attending could result in the denial of benefits retroactively.
Purely comparative fault
In a majority of car accident lawsuits, plaintiffs are partially or completely accountable for the crash. The law allows injured parties to recover damages according to the percentage of the blame that is given to them. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault, which limits the amount of fault a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent.
In the case of a car crash, the plaintiff's legal responsibility for the accident rests on demonstrating two things that are causation and negligence. Negligence is the act of breaking a law or committing an act in reckless disregard. The causality is the manner that the negligence led to the injury. To establish legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering.
New York is one of the states that have absolute comparative fault laws, which means that those who have suffered may still pursue recovery 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 situation it is essential to consult with a seasoned attorney.
Comparative fault can be applied to any personal injury or wrongful death case in which the victim (or their heirs) have suffered physical or mental damages. However the concept of comparative fault can be a bit more complicated in the case of wrongful death claims.
It is important to understand the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will help you determine the severity of your own responsibility for the accident, and work with insurance companies to ensure that you get the most compensation you can for your injuries.
In addition, if have multiple defendants in your case, the concept of joint and several liability could be applicable. This is a method which splits the verdict among all defendants if the jury finds that you are jointly and severally liable for the accident. This is an excellent way to ensure that you get the maximum amount of compensation for your injuries.
Strategies of insurance companies
The aftermath of a car accident can be just as stressful. Victims of injuries often have to deal with medical bills and a loss of income from being in a position of no work and suffer from physical pain and emotional distress. Rent and other costs of daily living are also a major concern. They don't have to be subjected to the stalling tactics used by an insurance company to convince them to take low settlement offers.
The fact is, most insurance companies are in the business of making money and do this by denying or reducing claims. Insurance representatives will use any tactic they can to prevent you from obtaining the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will stand up to insurance companies and their devious tactics.
Insurance companies will do everything they can to delay your claim or stop the process to save as much money as possible. They may also attempt to avoid liability by arguing that your 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 condition that is to blame for the crash.
In some instances, an insurance adjuster will arrive at a settlement amount that seems reasonable. This is a common tactic that a lot of people fall to. In reality, this offer will be significantly lower than what you really need to pay for your medical treatment and other damages.
New York law requires that all drivers carry no-fault coverage. However, it is not uncommon for people to get injured when driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for 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 result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are 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 assist in analyzing the accident to determine all parties that may be responsible for your injuries and damage. They can also file a lawsuit or claim against the driver in order to recover damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that endangers the lives and safety of others on the road and pedestrians on bicycles. To find someone guilty, a policeman must show more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. For instance driving through an intersection with a stop sign could lead to an accident that is serious and cause injury. If an individual driver is found be driving recklessly, they could be convicted of a misdemeanor offense and could face an indictment or a fine.
Reckless driving can cause severe injuries to pedestrians, drivers and bicyclists. A conviction for this offense can lead to the addition of points to your license, as well as substantial fines. This could cause drivers' insurance rates to rise substantially. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is convicted on a fair basis.
New York's reckless driving laws are very strict and could lead to substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors including the severity of the incident and whether or not there were 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 causes of a crash and gather evidence to demonstrate your innocence. This 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 lawsuits or insurance claims to get you the maximum compensation for your injuries.