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're minor accidents. Anyone injured should dial 911 and seek medical attention immediately.
A New York car accident attorney can help victims with their legal issues following an accident. They can help victims obtain compensation for medical expenses and lost income.
No-fault insurance
New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical costs, lost wages and other accident-related costs. While this has helped to protect car accident victims from being buried due to cost-out-of-pocket but it is essential to know what it means and does not mean.
To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. In the first place you must be injured in a vehicle accident that occurred in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. You must also have suffered "a serious injury."
New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries, and could have a significant negative impact on the life of the victim. A New York injury lawyer can assist you if you've been injured in a major New York car accident.
A lawyer can assist with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also make a court-filed lawsuit on your behalf against the negligent driver responsible for the crash.
In the aftermath of a serious crash, you may be facing huge medical bills, lost wages and other expenses. These expenses are paid for by no-fault insurance and you should seek treatment immediately following a collision even if it seems as if you're in good shape.
If you're unable to return to work, no-fault insurance will cover 80 percent of your lost wages up to $2,000 per month. It will also cover a lot of your out-of-pocket costs, including the cost of household assistance.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. Attendance is mandatory, as failure to do so may result in retroactive denials of benefits.
Purely comparative fault
In many car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law permits injured parties to recover damages according to the proportion of blame that can be given to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a claimant could be found to have to prevent them from receiving financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent.
In a car accident, the plaintiff must prove two things to be legally responsible for the accident that is, negligence and causality. Negligence is the act of breaking an act of law, or acting with unreasonable negligence. Causation refers to how the negligence directly led to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma and suffering and pain.
New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured may still be able to claim compensation even if they are partially at fault. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this situation, it is important to work with an experienced attorney.
Comparative fault is applicable to any personal injury or wrongful death situation where the victim (or their heirs) have suffered mental or physical damages. However the concept of comparative fault is slightly more complicated in wrongful death cases.
It is crucial to grasp the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will work with insurance companies to get you the most compensation for your injuries.
Additionally, if you have several defendants in your case, the concept of joint and numerous liability could apply. Nampa injury lawsuits splits the verdict between all defendants if a jury finds you jointly and severally liable for the accident. This is a great method to ensure you receive the most compensation for your injuries.
Insurance company tactics
Car accidents are stressful enough, and the aftermath can be even more challenging. Victims of injuries often must deal with medical expenses and loss of income from being in a position of no work, not to mention their emotional and physical pain. They also have to think about whether they can cover rent and other expenses that are part of their daily lives. They don't need to endure the delay tactics employed by an insurance company to get them to accept low settlement offers.
Insurance companies exist to make money. They do this by denying or reducing your claims. Insurance agents will employ every tactic they can to prevent you from receiving the amount you deserve. This is why it's essential to work with a New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly strategies.
Insurance companies will do everything in their power to delay your claim or stop the negotiations in order to save as much money as possible. They may also attempt to avoid responsibility by claiming that your injuries aren't caused by the crash or that they don't require treatment. They may even argue that you have a prior medical condition that is to blame for your crash.
In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall to. This offer is much lower than the amount you have to pay to cover your medical expenses and other damages.
The law in New York requires all drivers to have no-fault insurance. However, it is common for people to become injured when driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver is using a device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.
Reckless driving
You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine the parties that might be accountable for your injuries and damages. They may also make a claim or a lawsuit against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict a person of this crime, a police officer must prove more than carelessness or negligence. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others at risk.
In some instances, even a minor traffic violation can be viewed as a form of reckless driving in New York. For instance driving through an intersection with a stop sign could lead to a serious accident and injury. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor crime and be subject to an indictment or a fine.
Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and may be subject to large fines. This could cause drivers' insurance rates to rise significantly. It is essential to find a New York reckless driving accident attorney who will ensure the driver is convicted in a fair manner.
New York's reckless driving laws are extremely strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on a variety of factors including the severity of the incident and whether there were any aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license.
A reckless driving accident attorney who has 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 check whether the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.