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. While most of them are fender benders, some can cause serious injuries. The injured party should immediately call 911 and seek medical care.
A New York car accident attorney can assist victims with legal issues following the crash. They can assist victims in obtaining 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 expenses, lost wages, and other accident-related expenses. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket costs. However it is crucial to know what it means.
In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. You must first and foremost be injured in an accident in New York. You must also be a driver, passenger in the insured vehicle or a bicyclist or pedestrian struck by the vehicle. The person injured must be treated at an accredited hospital or provider. Additionally you must have sustained a "serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these injuries are severe and can have a negative effect on a victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
After a serious auto accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also file a court case on your behalf against the driver who caused the crash.
You may have to pay for astronomical medical expenses along with lost wages and other expenses following a serious accident. These costs can be paid for by no-fault insurance and you should seek medical attention immediately following a collision even if it seems like you are fine.
If you are unable to return to work, no-fault will pay 80 percent of your lost wages up to $2,000 per month. It can also cover the majority of your out-of-pocket expenses which includes the cost of household help.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must be present at these appointments, since not attending could result in an appeal to the benefits.
Pure faults that are comparable
In many car accident cases plaintiffs may be liable in part or full for the accident. Huntington Beach injury lawsuits permits injured parties to recover damages based on the percentage of fault that can be assigned to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount a person could be considered to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent.
In a car accident the plaintiff must prove two things in order to be legally responsible for the accident that is, negligence and causality. Negligence is the act of breaking the law or acting with reckless carelessness. The causality is the way in which the negligence caused the injury. To establish legal liability the plaintiff must prove the economic damages that result from their injuries for example, medical bills, lost income and travel expenses for appointments. Non-economic losses include emotional trauma and pain and suffering.
New York is one of the 13 states with strict comparative fault laws which means that the injured party are still able to seek compensation even when they are at the fault. 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 work with a skilled attorney.
Comparative fault can be applied to almost every personal injury or wrongful death case in which a victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complicated in the case of wrongful death.
It is essential to comprehend the concept of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to secure the most compensation for your injuries.
Joint and several liability could also be a possibility if there are multiple defendants. This system splits the verdict among all defendants when the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries.
The tactics of the insurance company
Car accidents can be stressful enough, but the aftermath can be even more difficult. Victims of injuries are often faced with medical bills, lost income due to not being able to go to work and physical pain. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. They don't need to endure the stalling tactics used by insurance companies to get them to accept lower settlement offers.
Insurance companies exist to earn money. They accomplish this by denial or reduce your claims. Insurance companies will employ any strategy to prevent you from receiving the compensation you deserve. It is crucial to employ 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 of car accident victims. Our lawyers will take on insurance companies and their sneaky tactics.
In order to save money, insurance companies will do anything they can to delay or stop your claim. They may also attempt to avoid accountability by arguing that your injuries aren't directly related to the crash, or do not require treatment. They might even claim that you have a prior medical condition that is to blame for the crash.
In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that a lot of people fall to. This offer is lower than the amount you 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 coverage. However, it is common for people to get injured when driving or riding in a person's vehicle. The most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions and weather conditions.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify the parties accountable for your injuries and losses. They can also initiate a lawsuit or claim against the driver in order to collect damages.
The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of others on the road and pedestrians or riders on bicycles. To convict someone of this crime an officer of the police force must show more than just negligence or carelessness. The officer must show that the driver was aware that their actions could have caused an accident or place others in danger.
Even minor traffic violations can be deemed reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to fines or even jail time.
Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, as well as hefty fines. This could lead to a driver's premiums going up substantially. 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 extremely strict and could lead to substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors like the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence.
A reckless driving accident attorney with experience will be able to determine the causes of an accident and gather evidence to demonstrate your innocence. This could include witness statements, phone records to look for distracted driving, images and videos taken at the scene of the accident and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.