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 most of them are just accidents that cause fender benders, a few can cause serious injuries. Anyone injured should dial 911 and seek medical attention as soon as possible.
A New York car accident attorney can assist victims with their legal issues following an accident. They can help them obtain compensation for their medical bills and lost wages.
No-fault Insurance
New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other costs related to accidents. While this system has protected car accident victims from being buried by cost-out-of-pocket It is crucial to understand exactly what it is and what it does not mean.
In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain criteria. First and foremost you must be injured in a motor vehicle accident that took place in the state of New York. You must also be a driver, passenger in the insured vehicle or a cyclist or pedestrian hit by the vehicle. The person injured must be treated in an accredited hospital or provider. You must also have 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 serious injuries, and can have a profoundly negative impact on the life of the victim. 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 deserve.
A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident.
After a serious car accident you could be faced with huge medical bills, lost wages, and other expenses. No-fault insurance can cover these costs as well, and you should seek treatment after an accident, even if you feel well.
If you are unable to return work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It can also cover the majority of your out-of-pocket costs which includes the cost of household help.
Insurance companies often try to deny your no-fault coverage 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 denial of benefits retroactively.
Pure faults that are comparable
In many car accident lawsuits, plaintiffs are either completely or partially responsible for the accident. The law permits injured parties to recover damages based on the proportion of fault that can be assigned to them. This is referred to as pure comparative negligence. Pure comparative fault differs from modified comparative fault, which limits the amount of fault that an individual claimant is deemed to have to exclude them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two elements to be legally responsible for the crash that is, negligence and causality. Negligence is the violation of the law or acting with unreasonable negligence. The causality is the way the negligence caused the injury. To demonstrate legal responsibility, the plaintiff must also show the economic losses caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, suffering and pain.
New York is one of the 13 states with pure comparative fault laws, which means that the injured party may still pursue recovery even if they are partially at fault. However, if the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance, it is important to work with an experienced attorney.
Comparative fault can be applied to any personal injury or wrongful-death situation where the victim (or heirs) have suffered physical or mental damages. The concept of comparative blame is more complex in the case of wrongful death.
The concept of comparative fault is essential to be aware of when making claims for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries.
Joint and multiple liability may also apply if there are several defendants. This system splits the verdict between all defendants when a jury finds you jointly and severally liable for the accident. This is an excellent way to ensure you receive the maximum amount of compensation for your injuries.
Strategies of insurance companies
The aftermath of a car crash can be equally stressful. The victims of injuries typically have to deal with medical expenses and loss of income due to being in a position of no work in addition to their physical pain and emotional stress. Rent and other daily expenses are also a major concern. They don't have to endure the strategies of stalling employed by an insurance company to try and get them to take low settlement offers.
The fact is, most insurance companies are focused on making money and do it by denying or cutting claims. Insurance companies will employ every trick to deny you the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our attorneys will fight insurance companies' sly strategies.
To save money insurance companies will do whatever they can to delay or stall your claim. They will also try and keep the blame off by claiming that the injuries are not connected to the accident or that they do not require treatment. They might even claim that you have a prior medical issue that is responsible for the crash.
In certain cases an insurance adjuster might determine an amount of settlement that appears reasonable. This is a common trick that a lot of people fall 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.
New York law requires that every driver have no-fault insurance. It is not uncommon for people to sustain injuries while driving another's vehicle or riding in their vehicle. Distracted driving, Chula Vista injury attorneys and speeding are among the most common causes for accidents. Distracted driving happens when a driver uses an electronic device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify the parties responsible for your injuries and losses. They may also file a lawsuit or claim against the driver to collect damages.
The New York criminal code defines reckless driving as operating an automobile in a manner that poses a threat to the lives and safety of other drivers and pedestrians on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.
In some cases even a minor traffic infraction could be viewed as a type of reckless driving in New York. For instance, running an intersection with a stop sign could lead to an accident that is serious and cause injury. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor crime and face either a fine or jail sentence.
Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. Those who are convicted of this offense will receive points added to their licenses and could face hefty fines. This could cause drivers' insurance rates to increase substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is found guilty fairly.
The laws governing reckless driving in New York are quite strict and can lead to substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors including the severity of the incident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
An experienced reckless accident lawyer will know how to determine the causes of a crash and gather evidence to demonstrate your innocence. This evidence might include witness statements and phone records to look for distracted driving, photos and videos taken at the scene of the crash as well as 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 the most compensation for your injuries.