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. While the majority of them are simply collisions between cars, some may cause serious injuries. The injured parties should immediately call 911 and seek medical attention.
A New York car accident attorney can assist victims with legal issues after the crash. They can help them obtain the compensation they need 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 expenses, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried due to out-of-pocket costs, it is important to know what it is and what it does not mean.
To be eligible to benefit from No-Fault insurance, you have to meet certain requirements. First and foremost, you must be injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by an authorized provider. In addition, you must have suffered an "serious injury."
Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and can have a profoundly 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.
A lawyer can help you with the legal process in many ways following a serious auto accident. They can provide you with legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They may also bring a lawsuit to court on your behalf against the driver who caused the accident.
You may have to pay for astronomical medical expenses as well as loss of wages, and other costs following a serious car accident. These expenses can be paid for by no-fault insurance and you should seek medical attention immediately following a collision even if it seems as if you're in good shape.
If you cannot return to work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover many of your out-of-pocket expenses, like the cost of household assistance.
Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failure to do so may result in retroactive denials of benefits.
Purely faults that are comparable
In many car accident lawsuits plaintiffs are partially or completely accountable for the crash. The law allows the injured party to claim damages in proportion to the proportion of fault that can be given to them. This is known as pure comparative fault. 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 generally set the limit between 49 and 51 percent.
In a car accident the plaintiff must prove two things to be legally accountable for the accident: negligence and causality. Negligence refers to breaking the law or acting with unreasonable carelessness. Causation refers to how the negligence directly led to the injury. To demonstrate legal responsibility, the plaintiff must also prove the economic damages caused by their injuries, such as medical bills, lost income, and travel expenses to appointments. Boise City accident lawsuit -economic losses include emotional trauma and pain and suffering.
New York is one of the 13 states that have absolute comparative fault laws, which means that the injured party are still able to seek compensation even when they are at fault. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this situation it is essential to work with a knowledgeable attorney.
Comparative fault applies to almost any personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in wrongful death cases.
The concept of comparative fault is very important to understand when making an action for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to secure the most compensation for your injuries.
In addition, if have several defendants in your case, the concept of joint and several liability could be applicable. This is a method which splits the verdict among all the defendants if the jury determines that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the highest amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be just as stressful. The victims of injuries typically must deal with medical bills as well as a loss of income from being unable to work and suffer from physical pain and emotional stress. Rent and other expenses are also a major concern. The last thing they want is to be subjected to the tactics of a stalling insurance company who is trying to get them accept a settlement offer that is low.
The fact is, most insurance companies are in the business of making money and do it by denying or cutting claims. Insurance agents will use every tactic possible to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will fight insurance companies' sneaky strategies.
In order to save money insurance companies will do anything they can to delay or stall your claim. They will also try to evade responsibilities by arguing that your injuries are not directly related to the crash, or they do not require treatment. They could even argue that your accident was caused by an earlier medical condition.
In certain cases, the insurance adjuster will offer a settlement that appears reasonable. This is a common trick that many people fall prey to. This offer is lower than the amount you must pay to cover your medical expenses and other damages.
New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to be injured while driving another's vehicle or riding in their vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver uses devices while driving to send or receive texts or make phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.
Reckless driving
If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine all parties who may be liable for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of other motorists and people on foot or on bicycles. To convict someone of this crime an officer of the police force must prove more than negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or place others in danger.
In some instances, even a minor traffic violation can be considered a form of reckless driving in New York. Driving through a stop sign or red light could result in serious accidents. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face penalties such as fines or jail time.
Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this crime could result in the addition of points to your license, as well as substantial fines. This can cause a driver's 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.
The reckless driving laws in New York are very strict and could result in substantial penalties that include fines and jail time. The severity of a penalty depends on a number of factors including the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
A reckless driving accident attorney who has experience can determine the root of the accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and cellphone records to look for distracted driving, photographs and videos from the scene of the crash and official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest amount of compensation for your injuries.