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. Although the majority of them are collisions between cars, some may cause serious injuries. Anyone injured should dial 911 and seek medical attention right away.
A New York car accident attorney can assist victims with legal issues after the crash. They can help victims obtain compensation for medical expenses and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried by out-of-pocket costs but it is essential to understand exactly what it does and does not mean.
To be eligible for No-Fault insurance you must satisfy 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 also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The person who was injured must be treated in a hospital or by a licensed medical professional. Additionally, you must have suffered an "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these are serious and can have a negative impact on the victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident.
A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They may also make a court-filed lawsuit on behalf of you against the driver who caused the accident.
After a serious car accident you could face massive medical bills, lost wages, and other costs. No-fault insurance can help with these costs, and you should always seek treatment after a crash, even if you feel well.
If you're unable to return to work, no-fault insurance will pay for 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out-of-pocket costs, such as the cost of household assistance.
Insurance companies often try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must show up for these appointments, as failure to attend could result in the denial of benefits retroactively.
Purely faults of a comparative nature
In a majority of car accident lawsuits, the plaintiffs are partially or completely responsible for the accident. The law allows injured parties the right to receive damages in proportion to their share of fault. This is referred to as pure comparative fault. You Tube is different from modified comparative fault which caps the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent.
In a car accident the plaintiff must prove two elements to be legally accountable for the accident that is, negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. The causality is the way in which the negligence caused the injury. To demonstrate legal responsibility, the plaintiff must also demonstrate the economic loss resulted from their injuries, like medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as pain and suffering.
New York is among the 13 states that have a strict comparative fault law, which means that injured parties may still be able to claim compensation even if they were partially responsible. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this case it is crucial to consult with a reputable lawyer.
Comparative fault can be applied to any personal injury or wrongful-death instance where the victim (or their heirs) have suffered physical or mental damages. However the concept of comparative fault is a bit more complicated in wrongful death cases.
The concept of comparative fault is crucial to know when filing a claim for compensation after an accident in New York. Your lawyer will work with insurance companies to get you the most compensation for your injuries.
In addition, if have multiple defendants in your case, the concept of joint and several liability may apply. This is a system that splits the judgment amongst all the defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries.
Strategies of insurance companies
Car accidents can be stressful enough, but the aftermath can be even more difficult. The injured victims are often faced with medical bills, loss of income due to being unable to work, and physical discomfort. Rent and other costs of daily living are also a concern. The last thing they want is to be subjected to the tactics of a stalling insurance company that is trying to convince them to accept a low settlement offer.
Insurance companies exist to make money. They do this by denying or cutting your claims. Insurance representatives will use any method to stop you from getting the amount you deserve. This is why it's so important to hire an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies and their sneaky tactics.
To save money, insurance companies will do everything they can to delay or stop your claim. They also try to evade responsibilities by arguing that your injuries are not related to the crash or do not require treatment. They could even argue that the accident was caused by a previous medical condition.
In some cases an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a common tactic that many people fall prey to. The offer is significantly less than the amount you'll need to pay in order to cover medical expenses and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for people to sustain injuries while driving another person's car or in their vehicle. Distracted driving, reckless driving and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.
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 investigate the crash to identify the parties liable for your injuries and losses. They can also initiate a lawsuit or claim against the driver to collect damages.
According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists in danger. To convict a person of this crime, a police officer must prove more than negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or place others in danger.
In some cases, even a minor traffic infraction can be considered a form of reckless driving in New York. For instance, running an intersection with a stop sign could cause a serious accident and injury. If the driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense and could face either a fine or jail sentence.
Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this type of offense can lead to the addition of points to your driver's license, as well as hefty fines. This can cause a driver's insurance rates to go up substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner.
New York's reckless-driving laws are very strict and can result in severe penalties, including fines and jail time. The severity of the penalty depends on several factors including the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will demonstrate your innocence. This could include witness statements, cell phone records to check for distracted driving, photographs and videos taken at the scene of the crash, official medical reports, and toxicology reports. They will file and defend insurance claims or lawsuits to ensure you receive the maximum compensation for your injuries.