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. Some of these accidents can cause serious injuries, even if they are only minor collisions. Anyone injured should dial 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal requirements after an accident. They can help them obtain compensation for their medical bills and lost wages.
No-fault insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other related expenses. This system has protected car accident victims against being weighed down by out-of-pocket expenses. However it is essential that you understand what it means.
In order to qualify to benefit from No-Fault insurance, you must meet certain requirements. In the first place you must have been injured in a vehicle accident that occurred in the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by an authorized provider. In addition, you must have suffered an "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment or loss of function. 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 obtaining the compensation that you deserve.
A lawyer can help you with the legal process in numerous ways following a serious car accident. They can explain your legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They can also file a court case on your behalf against the person who caused the accident.
You could be required to pay for astronomical medical expenses along with lost wages, and other expenses following a serious accident. No-fault insurance can cover these costs, and you should always seek treatment following a crash, even if you feel fine.
If you are unable to return to work because of an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It also covers a large portion of the cost you incur out-of-pocket such as the cost of household assistance.
Insurance companies frequently try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since the absence of this could result in denial of benefits retroactively.
Purely faults that are comparable
In many car accident cases, the plaintiffs may be partially or fully responsible for the incident. The law allows injured parties the right to recover damages according to their percentage of fault. This is known as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault that an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent.
In a car accident the plaintiff must prove two things in order to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. The causality is the way that the negligence led to the injury. To demonstrate legal responsibility, the plaintiff must also prove the economic damages caused by their injuries, like medical bills, lost income, and travel costs to appointments. Non-economic losses are emotional trauma, suffering and pain.
New York is among the 13 states that have a strict comparative fault law, which means that the injured party can still claim compensation even if they are partially responsible. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case it is crucial to work with a knowledgeable lawyer.
Comparative fault applies to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered physical or emotional damages. However, Pittsburgh accident lawsuits of comparative fault is a bit more complicated in wrongful death cases.
The principle of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will help you determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure that you get the most compensation you can for your injuries.
Additionally, if you have multiple defendants in your case the concept of joint and numerous liability could apply. The system splits the verdict among all defendants in the event that a jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries.
Tactics of the Insurance Company
The aftermath of a car crash can be just as stressful. Victims of injuries are often confronted with medical bills, loss of income due to being unable to work, and physical discomfort. They also have to think about how they will pay rent and other daily expenses. The last thing they want is to be subjected the stalling tactics of an insurance company who is trying to get them accept a settlement offer that is low.
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 are entitled to. This is why it's essential to work with an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies' devious tactics.
Insurance companies will do all they can to delay your claim or stop the negotiations in order to save as much as possible. They may also attempt to avoid responsibility by arguing that the injuries are not directly related to the crash or that they do not require treatment. They might even claim that your accident was the result of a prior medical condition.
In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common trick that many people fall to. In reality, this offer will be significantly lower than what you actually need to pay for medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance coverage. However, it is common for people to become injured while driving or riding in another person's vehicle. Some of the most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses devices 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 suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine the parties that could be accountable for your injuries and damages. They could also make a claim or lawsuit against the driver in order to recover damages.
The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that puts at risk the lives and safety of other drivers and pedestrians or riders on bicycles. To find someone guilty the police officer must prove more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could have caused an accident or place others in danger.
Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light could result in serious accidents. If the driver is found to be driving recklessly, 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, drivers, and bicyclists. If convicted of this offense will have points added to their licenses and could be subject to massive fines. This could cause drivers' insurance rates to increase significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly.
New York's reckless driving laws are quite strict and can result in substantial penalties that include fines and jail time. The severity of the penalty depends on a number of factors including the severity of the incident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
A reckless driving accident attorney who is experienced will be able to determine the cause of an accident and gather evidence to prove your innocence. The evidence could include witness statements, cell phone records to check for distracted driving, photos and videos of the scene of the accident and official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.