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. Some of these accidents can cause serious injuries, even if they are minor accidents. The injured party should call 911 and seek medical attention as soon as possible.
A New York car accident attorney can help victims with their legal issues after a crash. They can help them obtain compensation for medical expenses and lost wages.
No-fault Insurance
New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical costs, lost wages and other costs related to accidents. This has helped protect those who have been injured in car accidents from having to pay out-of-pocket costs. However, it is important that you understand what it means.
In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain requirements. In the first place you must have been injured in a car accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian who was struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. You must be able to prove that you suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these injuries are serious and can have a negative effect on the life of a victim. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve.
A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can provide you with legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the negligent driver responsible for the crash.
Following a serious car crash you could be faced with astronomical medical bills, lost wages, and other costs. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if you feel like you're fine.
If you cannot return to work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It can also cover a large portion of your out-of-pocket costs which includes the cost of household help.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. You must show up for these appointments, since not attending could result in a retroactive denial of benefits.
Purely comparative fault
In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law allows the injured party to claim damages according to the proportion of blame that can be attributable to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault an individual claimant is deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In a case involving a car accident the plaintiff's legal liability for the crash depends on proving two things that are causation and negligence. 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, plaintiffs must also show economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses include emotional trauma and pain and suffering.
New York is among the 13 states that have a strict comparative fault law, which means that the injured party could still be able to claim compensation even if they were partially at fault. If the claimant is found more than 50 percent at fault, they are barred from claiming damages. In this instance it is crucial to consult with a seasoned attorney.
Comparative fault applies to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in the case of wrongful death.
It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries.
Joint and several liability can also apply if there are multiple defendants. This is a system that divides the judgment between all the defendants if the jury determines that you are jointly and severally responsible for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, and the aftermath can be more challenging. Victims of injuries are often confronted with medical bills, loss of income due to not being able to work or suffer physical pain. They also have to worry about whether they can afford rent and other daily expenses. They don't need to endure the stalling tactics used by an insurance company to try and get them to accept lower settlement offers.
The fact is, most insurance companies are in the business of making money and do this by denying or cutting claims. Insurance companies will employ any strategy to prevent you from obtaining the compensation you deserve. It is essential to find an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will fight insurance companies' sly tactics.
Insurance companies will do all they can to delay your claim or stop negotiations to save as much as possible. They will also try to evade responsibilities by arguing that your injuries are not caused by the crash or do not require treatment. They might even claim that your crash was the result of a prior medical condition.
In certain cases the insurance adjuster might offer a settlement that appears reasonable. This is a common trick that a lot of people are enticed by. 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 not uncommon for people to be injured when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving is when a driver is using an electronic device to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather conditions.
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 driving accident lawyer can help investigate the crash to identify all parties who may be responsible for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as operating the vehicle in a way that puts at risk the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone of this crime an officer of the police force must prove more than negligence or recklessness. This means that the police officer must show that the driver knew their actions could cause an accident or put others at risk.
In some cases, even a minor traffic infraction could be viewed as a type of reckless driving in New York. Running Huntsville injury lawsuit or red light could cause a serious accident. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor and be subject to either a fine or jail sentence.
Incorrect driving can cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this offense can lead to the addition of points to your license, and hefty fines. This can result in a driving's premiums rising significantly. It is essential to find 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 significant penalties, including fines and jail time. The severity of the penalty depends on a variety of factors like the severity of the accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.
An experienced reckless accident lawyer will know how to find out the cause of a collision and gather evidence that will prove your innocence. The evidence could include witness statements, cell phone records to check for distracted driving, images and videos of the scene of the accident, 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.