A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common incident in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party must immediately call 911 and seek medical care.
A New York car accident attorney can assist victims with their legal issues following the crash. They can help them obtain compensation for medical expenses and lost wages.
No-fault Insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried by out-of-pocket costs, it is important to know exactly what it means and does not mean.
To be eligible for No-Fault Insurance You must satisfy some requirements. First and foremost, you must be injured in an accident in New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian hit by the vehicle. The injured party must also be treated at a hospital or an authorized provider. In addition you must have sustained a "serious injury."
Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. All of these are serious and could have a negative impact on the victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.
After a serious auto accident A lawyer can help you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the crash.
You could be required to pay for astronomical medical expenses, lost wages and other expenses after a serious auto accident. No-fault insurance will pay for these and other expenses, so you should seek treatment following an accident, even though you feel fine.
If you are unable to return work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It also covers a large portion of the cost you incur out-of-pocket such as the cost of household assistance.
Insurance companies will often attempt to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, as failure to attend could result in an appeal to the benefits.
Purely comparative fault
In a lot of car accident lawsuits, plaintiffs are either completely or partially responsible for the accident. The law grants injured parties to receive damages in proportion to their share of fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount a person may be deemed to have in order to keep them from receiving 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 elements to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking a law or acting in reckless disregard. Causation refers to the way in which the negligence directly caused the injury. To demonstrate legal responsibility, the plaintiff must also demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma and pain and suffering.
New York is among the 13 states that have a strict comparative-fault law, which means that injured parties could still be able to claim compensation even if they are partially at fault. However, if the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In this case it is crucial to work with a knowledgeable lawyer.
Comparative fault can be applied to almost every personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in the case of wrongful death.
The concept of comparative blame is crucial to know when filing a claim for compensation after an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the maximum compensation for your injuries.
Additionally, if you have multiple defendants in your case the concept of joint and several liability may apply. The system splits the verdict among all defendants when the jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the highest compensation for your injuries.
Insurance Company Tactics
Car accidents can be stressful enough, but the aftermath can be even more difficult. Victims of injuries often confront medical bills and a loss of income due to being unable to work and suffer from physical pain and emotional distress. Rent and other daily expenses are also a major concern. They don't have to be subjected the delay tactics employed by an insurance company to get them to take low settlement offers.
Insurance companies exist to earn money. Mesquite accident attorney do this by refusing or reducing your claims. Insurance agents will employ every tactic they can to prevent you from getting the compensation you are entitled to. This is why it is essential to work with a New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their devious tactics.
In order to save money insurance companies will do anything they can to delay or stop your claim. They will also try to avoid accountability by arguing that your injuries aren't directly related to the crash, or that they don't require treatment. They might even claim that you suffer from a previous medical condition that is to blame for the crash.
In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common trick that a lot of people are enticed by. This offer is much lower than the amount you have to pay to cover your medical expenses and other damages.
New York law requires that every driver have no-fault insurance. It is not uncommon for drivers to sustain injuries when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving occurs when a driver uses a 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, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify all parties that could be liable for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists at risk. In order to convict someone of this crime, a police officer must prove more than carelessness or negligence. This means that the officer must show that the driver was aware of their actions could cause an accident or put others in danger.
Even minor traffic violations can be deemed 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 a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or even jail time.
Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. A conviction for this type of offense could result in the addition of points to your license and hefty fines. This could lead to a driving's premiums rising substantially. 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 quite strict and can result in severe penalties that include fines and jail time. The severity of a penalty depends on a variety of factors, such as the severity of the accident, as well as aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended.
A seasoned reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence that will show your innocence. This could include witness statements, phone records to look for distracted driving, images and videos from the scene of the accident, official medical reports, and toxicology reports. They will file and litigate insurance claims or lawsuits to ensure you receive the maximum amount of compensation for your injuries.