A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are a common occurrence. Although the majority of them are accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately contact 911 and seek medical attention.
A New York car accident lawyer can assist victims with their legal needs following an accident. 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 protected by their own auto insurance policies for medical expenses, lost wages, and other accident-related expenses. This has helped protect the victims of car accidents from being burdened with out-of pocket expenses. However it is essential to understand what it means.
In order to qualify for the benefits of No-Fault insurance, you must meet certain requirements. In the first place you must be injured in a motor vehicle accident that occurred in the state of New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by a licensed provider. You must have also 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. These are all extremely severe injuries that can have a devastating negative impact on the person's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident.
In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the driver responsible for the crash.
Following a serious car crash, you may be facing huge medical bills, lost wages and other costs. No-fault insurance can help with these costs as well, and you should seek treatment after an accident, even if you feel fine.
If you are unable return to work, no fault will pay for 80% of your lost wages 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 frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, since not attending could result in the denial of benefits retroactively.
Purely faults that are comparable
In many car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law permits injured parties to seek damages according to the percentage of the blame that is attributable to them. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a claimant may be deemed to have to prevent them from being eligible for financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent.
In the case of a car crash the plaintiff's legal liability for the accident is contingent upon proving two things: negligence and causation. Negligence is the act of breaking a law, or acting with unreasonable negligence. Causation refers to the way in which the negligence directly led to the injury. To establish legal liability, the plaintiff must also show the economic losses resulted from their injuries, such as medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma, suffering and pain.
New York is one of the 13 states that have absolute comparative fault laws, which means that injured parties can still seek recovery when they are at fault. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this case it is essential to consult a knowledgeable lawyer.
Comparative fault can be applied to any personal injury or wrongful death situation where the victim (or their heirs) have suffered mental or physical damages. The concept of comparative blame is more complicated in wrongful death cases.
The principle of comparative fault is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will collaborate with the insurance companies to secure the maximum amount of compensation for your injuries.
In addition, if have several defendants in your case, the concept of joint and multiple liability could be applicable. This is a method that splits the judgment amongst all the defendants if the jury determines that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries.
Insurance company tactics
Car accidents can be stressful enough, and the aftermath can be more challenging. The injured victims are often confronted with medical bills, loss of income due to not being able to work, and physical pain. They also have to worry about whether they can afford rent and other expenses of daily living. The last thing they want is to be subjected the stalling tactics of an insurance company that is trying to get them accept a low settlement offer.
Insurance companies exist to earn money. They accomplish this by denial or reduce your claims. Insurance companies will employ any tactic they can to prevent you from getting the amount you deserve. This is why it's crucial to find an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our attorneys will fight insurance companies and their shady tactics.
In order to save money, insurance companies will do whatever they can to delay or stall your claim. They may also attempt to avoid responsibility by arguing that the injuries aren't connected to the accident or do not require treatment. They might even claim that you had a prior medical issue that is responsible for the crash.
In certain cases, the insurance adjuster will offer a settlement that seems reasonable. This is a common trick that many people fall prey to. In reality, this offer will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages.
Paterson requires that all drivers have no-fault insurance. It is not uncommon for people to suffer injuries while driving another person's car or in their own vehicle. The most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver uses devices while driving to send or receive messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes 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 help examine the crash to determine all parties who may be responsible for your injuries and losses. They may also file a claim or lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating the vehicle in a way that poses a threat to the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone the police officer has to prove more than just negligence or carelessness. This means that the police officer must show that the driver was aware of their actions were likely to cause an accident or put others in danger.
In some cases, even a minor traffic infraction could be viewed as a type of reckless driving in New York. For example, running a red light or stop sign could result in serious injuries and accidents. If the driver is found to be recklessly driving, they could be found guilty of a misdemeanor offense and face an indictment or a fine.
Unsuspecting driving can cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this crime can result in the addition of points to your license as well as hefty fines. This could cause drivers' insurance rates to go up significantly. It is important to hire 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 very strict and can result in significant penalties, including fines and prison. The severity of the penalty is contingent on several factors such as the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended.
An attorney for reckless driving with experience will know how investigate the causes of an accident and gather evidence to prove your innocence. This could include witness statements as well as cellphone records to look for distracted driving, images and videos from the scene of the crash, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.