A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are frequent. Although the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. Lexington accident attorney injured parties should immediately contact 911 and seek medical attention.
A New York car accident lawyer can help victims with their legal requirements following a crash. They can assist in obtaining compensation 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 automatically protected by their own auto insurance policies for medical, lost wages, and other related expenses. This system has protected car accident victims against having to pay out-of-pocket costs. However it is crucial to know what it means.
To be eligible for No-Fault insurance You must satisfy a few criteria. First and foremost, you must be injured in a car accident that occurred in the state of New York. You must also be a driver or passenger in the insured vehicle or a bicyclist or pedestrian struck by the vehicle. The person injured must be treated in a hospital or by a certified provider. You must also have suffered "a serious injury."
New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. All of these injuries are serious and could have a negative impact on the victim's life. 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 you're due.
After a serious auto accident, a lawyer can assist you in a number of ways. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the crash.
Following a serious car crash, you may be facing huge medical expenses, lost wages and other costs. These costs can be covered by no fault insurance, and you should seek treatment immediately following a collision, even if it feels like you are fine.
If you are unable return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out-of-pocket expenses, like 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). The requirement to attend is that the absence of this could result in retroactive denials of benefits.
Purely comparative fault
In a majority of car accident lawsuits plaintiffs are partly or totally accountable for the incident. The law gives injured parties the right to be compensated according to their percentage of fault. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the accident the other being negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. The causality is the manner in which the negligence caused the injury. To establish legal liability, the plaintiff must also prove the economic damages that result from their injuries like medical bills, lost income, and travel costs to appointments. Non-economic losses can include emotional trauma, pain and suffering.
New York is one of the 13 states that have strict comparative fault laws which means that those who have suffered can still seek recovery in the event that they are partly at the fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be exempt from any claim for damages. In this instance, it's important to consult with a reputable attorney.
Comparative fault can be applied to almost every personal injury or death case in which a victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complex in cases of wrongful deaths.
It is important to understand the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to secure the maximum compensation for your injuries.
In addition, if have multiple defendants in your case, the concept of joint and numerous liability could apply. The system splits the verdict between all defendants in the event that the jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
The tactics of the insurance company
The aftermath of a car crash can be as stressful. The injured victims are often confronted with medical bills, lost income due to being unable to work, and physical discomfort. Rent and other expenses are also a problem. They don't need to be subjected the strategies of stalling employed by insurance companies to try and get them to accept low settlement offers.
The truth is that the majority of insurance companies are in the business of making money and do it by denying or cutting claims. Insurance agents will use every trick to deny you the money you are entitled to. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' devious tactics.
Insurance companies will do everything they can to delay your claim or slow the process to save as much money as possible. They will also try to avoid accountability by arguing that your injuries aren't caused by the crash or do not require treatment. They could even argue that your crash was caused by a previous medical condition.
In certain cases the insurance adjuster might offer a settlement that seems reasonable. This is a trick that many people fall to. In reality, the price is significantly less than what you really need to pay for your medical treatment and other damages.
The law in New York requires all drivers to have no-fault insurance. However, it is common for people to become injured when driving or riding in another's vehicle. Some of the most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving occurs when a driver is using a device to send or receive text messages, make phone calls, or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes include drunk driving, road conditions and weather.
Reckless driving
You may be entitled compensation when you've been injured in an accident caused by reckless driving. 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 can also file a lawsuit or claim 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. To convict someone of this crime the police officer must demonstrate more than mere carelessness or negligence. This means that the officer must prove that the driver knew their actions were likely to cause an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. For example driving at an intersection with a stop sign could lead to an accident that is serious and cause injury. If the driver is found to be recklessly driving, they could be found guilty of a misdemeanor and be subject to a fine or jail time.
Incorrect driving can cause serious 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 is essential to find an attorney in New York who will ensure the driver is convicted fairly.
The laws regarding reckless driving in New York are very strict and can result in severe penalties, including fines and jail time. The severity of the penalty depends on a variety of variables, such as the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence.
A reckless driving accident attorney who is experienced will know how investigate the cause of an accident and gather evidence to prove your innocence. This evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos taken 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 maximum compensation for your injuries.