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 just collisions between cars, some may result in serious injuries. Injured parties should call 911 and seek medical attention as soon as possible.
A New York car accident lawyer can assist victims with their legal requirements after the crash. They can help them obtain the compensation they need for medical expenses and lost wages.
No-fault insurance
New York is an insurance no-fault state. This means that drivers, passengers and pedestrians as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages and other costs related to accidents. While this system has protected car accident victims from being buried due to out-of-pocket costs, it is important to understand exactly what it does and does not mean.
To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. First of all you must be injured in a vehicle accident that occurred within the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured person must be treated at a hospital or an authorized provider. Additionally, you must have suffered a "serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries, and can have a profoundly negative impact on the life of the victim. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.
Following a serious car accident, a lawyer can assist you in a variety of ways. They can provide you with legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They can also make a court filing on behalf of you against the driver who caused the accident.
Following a serious car crash, you may be facing astronomical medical bills, lost wages and other costs. No-fault insurance is able to help with these costs, and you should always seek treatment after a crash, even if you feel well.
If you cannot return to work due to an injury, no fault insurance will pay up to $2,000 in lost wages per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance.
Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, as failure to attend could result in an appeal to the benefits.
Purely faults that are comparable
In many cases of car accidents plaintiffs may be partially or fully responsible for the accident. The law gives injured parties to be compensated in proportion to their share of blame. This is referred to as pure comparative fault. 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 usually place the limit between 49 and 51 percent.
In a car accident, the plaintiff must prove two things in order to be legally responsible for the accident: negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses can include emotional trauma, suffering and pain.
New York is among the 13 states that have a strict comparative fault law, which means that injured parties may still be able to claim compensation even if they were partially at fault. However, if the claimant is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this case, it's important to consult a knowledgeable lawyer.
Comparative fault is applicable to any personal injury or wrongful death case where the victim (or the heirs) have suffered mental or physical injuries. However the concept of comparative fault is slightly more complicated in the case of wrongful death claims.
It is crucial to grasp the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your own responsibility for the accident, and work with insurance companies to ensure you receive the maximum compensation possible for your injuries.
Joint and several liability could also be a possibility if there are several defendants. The system splits the verdict between all defendants when the jury finds you jointly and severally liable for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries.
The tactics of the insurance company
The aftermath of a car crash can be just as stressful. Victims of injuries are often faced with medical bills, loss of income due to not being able to go to work and physical discomfort. Rent and other expenses are also a concern. They don't need to endure the stalling tactics used by an insurance company to try and get them to accept lower settlement offers.
Insurance companies exist to earn money. They do this by refusing or reducing your claims. Insurance agents will use every trick to deny you the compensation you deserve. This is why it is crucial to find an New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will take on insurance companies and their shady tactics.
To save money, insurance companies will do anything they can to delay or derail your claim. They also try to avoid responsibility by claiming that your injuries are not related to the crash or that they don't require treatment. They could even argue that your crash was caused by a previous medical condition.
In some instances an insurance adjuster might come up with a settlement amount that seems reasonable. This is a common trick that a lot of people are enticed by. This offer is lower than the amount you'll need to pay in order to cover medical expenses and other damage.
New York law requires that all drivers have no-fault insurance. It is not uncommon for drivers to suffer injuries while driving another's vehicle or riding in their vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses an electronic device while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road 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 help you investigate the crash to identify all parties who may be liable for your injuries and losses. They may also file a claim or lawsuit against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To convict someone of this crime an officer of the police force must prove more than negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. For Tampa accident lawsuit youtube.com driving through the red light or stopping sign could lead to an accident that is serious and cause injury. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor offense and be subject to a fine or jail time.
Reckless driving may cause serious injuries to pedestrians, bicyclists, and motorists. If convicted of this offense will receive points added to their licenses and could be subject to hefty fines. This could cause driver's insurance rates to rise substantially. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is held accountable fairly.
The laws governing reckless driving in New York are quite strict and can lead to substantial penalties that include fines and jail time. The severity of the punishment depends on several factors such as the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license.
A seasoned reckless driving accident lawyer knows how to find out the causes of a crash and gather evidence that will demonstrate your innocence. This could include witness statements as well as phone records to determine whether the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.