A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent event in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party must immediately contact 911 and seek medical attention.
A New York car accident attorney can assist victims with their legal issues after a 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 drivers, passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other related expenses. This has helped protect the victims of car accidents from having to pay out-of-pocket costs. However it is crucial to understand what it means.
To be eligible for No-Fault insurance You must satisfy a few criteria. You must first and foremost have been injured in an accident in New York. You must also be a driver or passenger in the insured vehicle or a cyclist or pedestrian hit by the vehicle. The person injured must be treated in a hospital or by a certified provider. You must be able to prove that you suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. These are all extremely serious injuries that could have a significant negative impact on the person's life. A New York injury lawyer can assist you if been injured in a major New York car accident.
A lawyer can help you with the legal process in many ways following a serious car accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also file a court case on your behalf against the person who caused the accident.
Following a serious car crash you could face astronomical medical bills, lost wages, and other costs. No-fault insurance can help with these costs and other expenses, so you should seek treatment after an accident, even though you feel well.
If you cannot return to work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It also covers the majority of your out-of-pocket costs such as the cost of household help.
Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since failure to do so may result in retroactive denials of benefits.
Pure comparative fault
In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law permits injured parties to recover damages according to the proportion of fault that can be attributable to them. This is called pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two things to be legally accountable for the accident: negligence and causality. Negligence is the violation of an act of law, or acting with unreasonable negligence. The causality is the manner in which the negligence caused the injury. To prove Newton accident lawyer must also prove economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses include emotional trauma, suffering and pain.
New York is among the 13 states with a pure comparative-fault law, which means that those who are injured may still be able to claim compensation even if they were partially at fault. However, if the person seeking compensation is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this case it is crucial to consult with a seasoned attorney.
Comparative fault can be applied to almost every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is slightly more complicated in the case of wrongful death claims.
It is important to understand the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will work with insurance companies to secure the maximum amount of compensation for your injuries.
Joint and several liability could also be a possibility if there are multiple defendants. The system splits the verdict between all defendants when a jury finds you jointly and severally liable for the accident. This is a great way to ensure you receive the maximum amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be equally stressful. Injured victims often must deal with medical bills as well as a loss of income from being in a position of no work, not to mention their emotional and physical pain. Rent and other costs of daily living are also a major concern. They don't have to be subjected the strategies of stalling employed by an insurance company to try and get them to accept low settlement offers.
Insurance companies exist to earn money. They accomplish this by denial or cutting your claims. Insurance companies will employ any method to stop you from receiving the compensation you deserve. It is important to hire 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 victims of car accidents. Our attorneys will fight insurance companies' sneaky strategies.
Insurance companies will do everything they can to delay your claim or stop negotiations to save as much as possible. They also try 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 could even argue that the accident was caused by an earlier medical condition.
In certain cases the insurance adjuster might offer a settlement that seems reasonable. This is a classic trick that many people fall for. In reality, the price will be significantly lower than what you actually need to pay for medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for people to suffer injuries while driving another person's car or in their own vehicle. Some of the most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses an electronic device while driving to send or receive texts or make phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions and weather.
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 driver accident lawyer can assist in analyzing the crash to determine who might be responsible for your injuries and damage. They can also file a claim or lawsuit against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or cyclists, pedestrians, and cyclists in danger. In order to convict someone of this crime an officer of the police force must show more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger.
In some instances even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance driving through the red light or stopping sign could cause an accident that is serious and cause injury. If an individual driver is found be driving recklessly, they could be found guilty of a misdemeanor and could face a fine or jail time.
Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. If convicted of this offense will have points added to their license and may be subject to large fines. This could cause drivers' insurance rates to increase substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly.
The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and jail time. The severity of a penalty is contingent on a variety of factors like the severity of an accident and if there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license.
A reckless driving accident lawyer who is experienced will be able to determine the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.