A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular occurrence in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. The injured party should immediately contact 911 and seek medical attention.
A New York car accident lawyer can help victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical expenses as well as lost income.
No-fault Insurance
New York is a no-fault insurance state which means that drivers passengers, pedestrians and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has safeguarded those who have been injured in car accidents from being burdened with out-of pocket expenses. However, it is important that you understand what it means.
To qualify for No-Fault Insurance You must satisfy some requirements. You must first and foremost have been injured in an accident in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by a certified provider. You must also have suffered "a serious injury."
Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. All of these are serious and can have a negative effect on the victim's life. A New York injury lawyer can assist you if you've been injured in a major New York car accident.
A lawyer can help you with the legal process in a variety of ways after a serious car accident. They can provide you with legal options, conduct a thorough investigation and engage with the insurance company on your behalf. They may also bring a lawsuit to court on your behalf against the driver who caused the accident.
Following a serious car crash you could face huge medical bills, lost wages and other expenses. These expenses can be covered by no fault insurance, and you should seek medical attention immediately after a car accident even if you feel like you're fine.
If you are unable to return work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It can also cover an important portion of the cost you incur out-of-pocket which includes the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must be present at these appointments, because failure to attend could result in the denial of benefits retroactively.
Pure comparative fault
In a majority of car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law allows injured parties to seek damages based on the percentage of blame that can be assigned to them. This is called pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a person could be considered to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent.
In the case of a car crash the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things that are causation and negligence. Negligence refers to breaking a law or acting in reckless disregard. Causation refers to how the negligence directly caused the injury. To prove legal responsibility the plaintiff must prove the economic damages resulted from their injuries, like medical bills, lost income and travel expenses for appointments. Other non-economic losses include emotional trauma as well as suffering and pain.
New York is among the 13 states that have a strict comparative-fault law. This means that injured parties can still claim compensation even if they were partially at fault. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this situation it is crucial to work with a skilled attorney.
Comparative fault is applicable to any personal injury or wrongful-death instance where the victim (or the heirs) have suffered physical or mental damages. However, the concept of comparative fault can be slightly more complicated in the case of wrongful death claims.
It is crucial to grasp the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will work with insurance companies to get you the maximum amount of compensation for your injuries.
Joint and several liability can also apply if there are several defendants. This system divides the verdict between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries.
Insurance company tactics
Car accidents can be stressful enough, and the aftermath can be even more difficult. The injured victims are often faced with medical bills, lost income due to being unable to go to work and physical pain. They also have to think about whether they can cover rent and other expenses that are part of their daily lives. They don't need to be subjected the strategies of stalling employed by an insurance company to convince them to accept lower settlement offers.
Insurance companies are in business to earn money. They do this by refusing or cutting your claims. Insurance agents will use every trick to deny you the money you deserve. This is why it is essential to work with an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will take on insurance companies and their shady tactics.
Insurance companies will do everything in their power to delay your claim or stop the negotiations in order to save as much money as possible. They also try to evade responsibilities by arguing that your injuries are not directly related to the crash, or 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 the insurance adjuster may offer a settlement that seems reasonable. This is a common tactic that many people fall to. This offer is lower than the amount you'll must pay to cover your medical expenses and other damages.
New York law requires that all drivers carry no-fault coverage. It is not unusual for people to be injured while driving another's vehicle or in their own vehicle. Some of the most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses an electronic device while driving to send or receive text messages or 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 accidents are drunk driving weather conditions, road conditions and road conditions.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you may 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 may also file a claim or 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 drivers or cyclists, pedestrians, and cyclists at risk. 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 place others in danger.
Even YouTube can be considered reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If a driver is found driving recklessly, he or she may be convicted of misdemeanor charges and face fines or even jail time.
Reckless driving can cause severe injuries to other drivers, pedestrians and bicyclists. A conviction for this crime could result in the addition of points to your license, and hefty fines. This could cause driver's insurance rates to rise substantially. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is found guilty in a fair manner.
The reckless driving laws in New York are very strict and could lead to substantial penalties which include fines and even imprisonment. The severity of the penalty is contingent on several factors including the severity of the incident and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
A seasoned reckless accident lawyer will know how to determine the cause of a collision and gather evidence to demonstrate your innocence. This could include witness statements and cell phone records to check for distracted driving, photos and videos of the scene of the accident as well as official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.