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 collisions between cars, some may result in serious injuries. Anyone injured should dial 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal issues following an accident. They can help victims obtain compensation for medical bills and lost income.
No-fault insurance
New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried by cost-out-of-pocket, it is important to know what it does and does not mean.
To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. First and foremost you must have been injured in a car accident that took place in the state of New York. You must be a driver or passenger in the vehicle insured, or a cyclist or pedestrian hit by the vehicle. The person injured must be treated in a hospital or by a certified provider. Additionally, you must have suffered an "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. All of these injuries are severe and could have a 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 help you get the compensation you're due.
A lawyer can assist with the legal process in many ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also file a court case on your behalf against the person who caused the crash.
In the aftermath of a serious crash you could be faced with huge medical expenses, lost wages and other costs. These expenses are covered by no fault insurance, and you should seek treatment immediately after a car accident, even if it feels like you're fine.
If you are unable to return to work because of an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance.
Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as the absence of this could result in denial of benefits retroactively.
Pure faults that are comparable
In many cases of car accidents plaintiffs may be partially or fully responsible for the incident. The law allows injured parties to seek damages according to the proportion of blame that can be assigned to them. This is called pure comparative negligence. Pure comparative fault differs from modified comparative fault which caps the amount of fault that an individual claimant is deemed to have to make them ineligible for financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.
In the event of a car crash, the plaintiff must prove two things to be legally accountable for the crash that is, negligence and causality. Negligence is the act of breaking a law or committing an act with reckless carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility the plaintiff must show the economic losses caused by their injuries, like medical bills, lost income and travel costs to appointments. Non-economic losses include emotional trauma and suffering and pain.
New York is among the 13 states with a pure comparative-fault law. This means that injured parties can still claim compensation even if they were partially responsible. However, if the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this instance it is essential to consult a knowledgeable lawyer.
Comparative fault applies to any personal injury or wrongful-death instance where the victim (or heirs) have suffered physical or mental damages. However the concept of comparative fault is slightly more complicated in the case of wrongful death claims.
The principle of comparative fault is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries.
Joint and several liability can also be a possibility if there are several defendants. This is a system which splits the verdict among all the defendants if the jury decides that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, but the aftermath can be even more difficult. Victims of injuries often must deal with medical expenses and loss of income as a result of being unable to work, not to mention their physical pain and emotional distress. Rent and other expenses are also a major concern. They don't have to endure the strategies of stalling employed by an insurance company to convince them to take low settlement offers.
Pueblo injury lawsuits exist to earn money. They do this by denying or reduce your claims. Insurance companies will employ any tactic they can to prevent you from obtaining the compensation you deserve. This is why it's essential to work with an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their devious tactics.
Insurance companies will do everything they can to delay your claim or slow negotiations to save as much money as possible. They also try to avoid responsibility by arguing that the injuries are not related to the accident or that they do not require treatment. They may even claim that the accident was caused by a previous medical condition.
In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a trick that a lot of people fall to. This offer is lower than the amount you'll have to pay to cover medical expenses and other damages.
New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to become injured when driving or riding in another's vehicle. The most common causes of accidents include reckless driving, distracted driving and speeding. 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 causing serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine who could be responsible for your injuries and the damages. They can also make a claim or a lawsuit against the driver to recover your damages.
According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or cyclists, pedestrians, and cyclists in danger. In order 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 have caused an accident or place others in danger.
In certain instances even a minor traffic violation can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light can result in serious accidents. If a driver is found driving recklessly, he or she could be found guilty of misdemeanor charges and could face fines or even jail time.
Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. A conviction for this type of offense can result in the addition of points to your driver's license, as well as hefty fines. This could cause drivers' insurance rates to go up significantly. 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 extremely strict and could result in severe penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors, such as the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence.
An attorney for reckless driving with experience can determine the causes of an accident and gather evidence to demonstrate your innocence. This could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.