A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent occurrence in New York City. Although the majority of them are simply collisions between cars, some may result in serious injuries. The injured party must immediately call 911 and seek medical attention.
A New York car accident attorney can assist victims with their legal issues following an accident. 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 drivers passengers, pedestrians and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket costs. However it is essential that you understand what it means.
In order to qualify to benefit from No-Fault insurance, you must meet certain requirements. First of all, you must be injured in a motor vehicle accident that took place in the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. In addition, you must have suffered an "serious injury."
Serious injuries are defined by the New York State Insurance Law as a lasting and substantial 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. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you're due.
A lawyer can assist with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation, and engage with the insurance company on your behalf. They can also make a court filing on your behalf against the person who caused the crash.
You may have to pay for astronomical medical expenses along with loss of wages, and other costs after a serious auto accident. YouTube can be paid for by no-fault insurance and you should seek treatment immediately following a car crash even if it seems like you are fine.
If you are unable to return to work, no-fault insurance will pay for 80 percent of your lost wages up to $2,000 per month. It will also cover an important portion of your out-of-pocket costs such as the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. It is mandatory to attend, since the absence of this could result in retroactive denials of benefits.
Pure comparative fault
In many cases of car accidents, the plaintiffs may be partially or fully responsible for the accident. The law allows injured parties to seek damages in proportion to the proportion of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount a claimant could be found to have in order to keep the claimant from obtaining financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.
In a car accident case the plaintiff's legal responsibility for the crash depends on showing two things such as negligence and causation. Negligence refers to breaking the law or acting with unreasonable carelessness. Causation is the process by which the negligence directly contributed to the injury. To establish legal liability the plaintiff must demonstrate the economic loss resulted from their injuries, such as medical bills, lost income and travel expenses to appointments. Non-economic losses are 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 the injured party could still be able to claim compensation even if they were partially responsible. However, if the person seeking compensation is found to be more than 50% at fault, they are disqualified from claiming damages. In this situation, it is important to work with a skilled attorney.
Comparative fault can be applied to any personal injury or wrongful death instance in which the victim (or heirs) have suffered mental or physical injuries. The concept of comparative fault is more complex in wrongful death cases.
The concept of comparative blame is very important to understand when making a claim for compensation after an accident in New York. Your lawyer will help you determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure that you receive the most compensation you can for your injuries.
Joint and multiple liability may also apply if there are multiple defendants. This is a method which splits the verdict among all defendants in the event that the jury determines that you are jointly and multiplely responsible for the accident. This is a great way to ensure that you get the maximum amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car crash can be just as stressful. Injured victims often confront medical bills as well as a loss of income due to being in a position of no work, not to mention their physical pain and emotional distress. They also have to think about how they will pay rent and other expenses that are part of their daily lives. The last thing they need is to be subjected the tactics of an insurance company who is trying to get them to accept a low settlement offer.
Insurance companies are in business to make money. They do this by denying or reducing your claims. Insurance companies will employ every method to deny you the compensation you deserve. This is why it is essential to work with an New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will take on insurance companies and their shady tactics.
Insurance companies will do everything they can to delay your claim or stall the process to save as much money as possible. They also try to avoid responsibility by claiming that your injuries are not related to the crash or they do not require treatment. They may even claim that your accident was caused by an earlier medical condition.
In some instances an insurance adjuster might come up with an amount for settlement that seems reasonable. This is a common trick that many people fall to. In reality, this offer is significantly less than what you really need to pay for medical treatment and other damages.
New York law requires that every driver have no-fault insurance. It is nevertheless common for people to get injured when driving or riding in a person's vehicle. The most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving happens 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 crashes. Other causes of crashes include drunk driving, road conditions, and weather.
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 driver accident lawyer can assist you in investigating the crash to determine all parties that could be responsible for your injuries and damage. They could also initiate a lawsuit or claim against the driver in order 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 cyclists, pedestrians, and cyclists in danger. To convict a person of this crime, a police officer must prove more than carelessness or negligence. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. For example, running an intersection with a stop sign could result in serious injuries and accidents. If a driver is caught driving recklessly, they could be found guilty of misdemeanor charges and face penalties such as fines or jail time.
Reckless driving can cause severe injuries to pedestrians, other drivers and bicyclists. Those who are convicted of this crime will be subject to points added to their licenses and could face hefty fines. This could cause driver's insurance rates to increase substantially. It is crucial to employ a New York reckless driving accident attorney to ensure that the driver is found guilty fairly.
The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of the penalty is contingent on a variety of factors including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence.
A seasoned reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence to demonstrate 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, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.