A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are common. Certain accidents could cause serious injuries even if they're only 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 an accident. They can help victims get compensation for medical expenses as well as lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages, and other costs related to accidents. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is essential to understand what it means.
To be eligible for No-Fault insurance, you must meet a few criteria. You must first and foremost be injured in an accident that occurred in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The person injured must be treated in an accredited hospital or provider. Additionally you must have sustained a "serious injury."
Serious injuries are defined in 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 can have a negative effect on the life of a victim. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.
Following a serious car accident A lawyer can help you in a number of ways. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also initiate a court action on your behalf against the driver who caused the crash.
In the aftermath of a serious crash you could face huge medical expenses, lost wages and other costs. No-fault insurance is able to help with these costs as well, and you should seek out treatment after an accident, even though you feel well.
If you are unable return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket expenses, like the cost of household assistance.
Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since the absence of this could result in retroactive denials of benefits.
Purely faults that are comparable
In many car accident cases plaintiffs may be held to be fully or partially responsible for the incident. The law gives injured parties the right to be compensated in proportion to their share of fault. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a person could be found to be owed to prevent them from receiving financial compensation. Modified comparative fault states generally place 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 the other being negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. The cause of the accident is determined by the manner that the negligence led to the injury. To demonstrate legal responsibility the plaintiff must prove the economic damages caused by their injuries, like medical bills, lost income, and travel expenses for appointments. Non-economic losses can include emotional trauma, pain and suffering.
New York is one of the states that have strict comparative fault laws which means that those who have suffered are still able to seek compensation even if they are partially at fault. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this situation it is essential to work with a skilled attorney.
Comparative fault can be applied to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in cases of wrongful deaths.
The concept of comparative fault is very important to understand when filing a claim for compensation after an accident in New York. My Web Site will collaborate with insurance companies to get you the maximum amount of compensation for your injuries.
In addition, if you have multiple 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 in the event that the jury decides that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
The aftermath of a car accident can be as stressful. Victims of injuries often must deal with medical bills and a loss of income as a result of being in a position of no work and suffer from emotional and physical pain. Rent and other costs of daily living are also a problem. They don't have to endure the stalling tactics used by insurance companies to get them to accept low settlement offers.
The fact is, most insurance companies are focused on making money, and they do this by denial or reduction of claims. Insurance companies will employ every method to deny you the money you are entitled to. 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 are seasoned in fighting for the rights car accident victims. Our lawyers will take on insurance companies' sly strategies.
In order to save money insurance companies will do everything they can to delay or stop your claim. They also try to avoid responsibility by claiming that your injuries aren't 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 cases, the insurance adjuster will offer a settlement that appears reasonable. This is a classic scam that a lot of people are enticed by. This offer is much lower than the amount you'll have to pay to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for people to be injured while driving another person's car or in their vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using devices while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify the parties responsible for your injuries and losses. They may also file a lawsuit or claim against the driver to claim damages.
The New York criminal code defines reckless driving as the act of operating an automobile in a manner that poses a threat to the lives and safety of other motorists and pedestrians or riders on bicycles. To find someone guilty the police officer has to prove 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 deemed reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor offense and could face either a fine or jail sentence.
Reckless driving may cause serious injuries to other cyclists, pedestrians, and motorists. Anyone who is found guilty of this offense will have points added to their license and may be subject to hefty fines. This could cause driver's insurance rates to rise substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The laws governing reckless driving in New York are extremely strict and could result in severe penalties, including fines and jail time. The severity of the penalty is contingent on a variety of factors such as the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license.
An attorney for reckless driving who is experienced will know how investigate the causes of an accident and gather evidence to prove your innocence. This could include witness statements and cell phone records to check for distracted driving, photographs and videos from the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.