A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular event in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. Injured parties should call 911 and seek medical attention immediately.
A New York car accident attorney can assist victims with legal issues after an accident. 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 motorists pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other costs related to accidents. While this system has helped protect car accident victims from being buried due to out-of-pocket costs but it is essential to understand exactly what it is and what it does not mean.
To be eligible for No-Fault Insurance, you must meet certain requirements. In the first place 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 person injured must be treated at an accredited hospital or provider. Additionally you must have sustained an "serious injury."
Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries that could have a significant negative impact on the person's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve.
A lawyer can help you with the legal process in a variety of ways following a serious auto accident. They can explain your legal options, conduct an in-depth investigation and negotiate with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the driver who caused the accident.
After a serious car accident you could face massive medical expenses, lost wages and other expenses. No-fault insurance will help with these costs as well, and you should seek treatment following a crash, even if you feel fine.
If you're unable to return to work, no-fault will pay 80 percent of your wages lost up to $2,000 per month. It will also cover the majority of your out-of-pocket costs which includes the cost of household assistance.
Insurance companies frequently try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, as failure to attend could result in a retroactive denial of benefits.
Purely faults that are comparable
In a lot of car accident lawsuits, plaintiffs are partially or completely accountable for the crash. The law allows the injured party to claim damages according to the percentage of blame that can be given to them. This is referred to as pure comparative negligence. Cicero accident lawyer differs from modified comparative, which caps the amount a person could be found to be owed to prevent them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In a car accident case, the plaintiff's legal responsibility for the accident rests on proving two things: negligence and causation. Negligence refers to breaking a law or committing an act with reckless carelessness. Causation refers to the way in which the negligence directly led to the injury. To establish legal liability the plaintiff has to demonstrate the economic loss caused by their injuries, such as medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma and suffering and pain.
New York is one of the 13 states with strict comparative fault laws which means that injured parties are still able to seek compensation even in the event that they are partly at the fault. However, if the claimant is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this instance it is crucial to work with an experienced attorney.
Comparative fault is applicable to any personal injury or wrongful-death situation where the victim (or heirs) have suffered mental or physical injuries. The concept of comparative fault is more complicated in the case of wrongful death.
It is crucial to grasp the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will work with insurance companies to get you the maximum amount of compensation for your injuries.
In addition, if have multiple defendants in your case, the concept of joint and numerous liability could apply. The system splits the verdict between all defendants when a jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the highest amount of compensation for your injuries.
Insurance Company Tactics
Car accidents can be stressful enough, and the aftermath can be more challenging. The victims of injuries typically have to deal with medical bills and a loss of income as a result of being unable to work, not to mention their emotional 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 have to be subjected the stalling tactics used by an insurance company to convince them to accept low settlement offers.
The truth is that the majority of insurance companies are in the business of making money and do this by denying or reduction of claims. Insurance representatives will use any tactic they can to prevent you from receiving the compensation you deserve. This is why it is so important to hire an New York car accident lawyer to make sure that the playing field is level. 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' sneaky tactics.
Insurance companies will do everything they can to delay your claim or stall negotiations to save as much money as possible. They also try to evade responsibilities by arguing that your injuries aren't related to the crash or do not require treatment. They might even claim that you had a prior medical condition that is to blame for the crash.
In certain cases, the insurance adjuster will offer a settlement that appears reasonable. This is a common trick that many people fall prey to. The offer is significantly less than the amount you must pay to cover medical expenses and other damage.
The law in New York requires all drivers to have no-fault insurance. However, it is common for people to get injured while driving or riding in another's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving occurs when a driver is using an electronic device to send or receive text messages, make phone calls or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions.
Reckless driving
You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you examine the crash to determine all parties who may be responsible for your injuries and losses. They could also file a lawsuit or claim against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists in danger. To convict someone the police officer has to prove more than just negligence or carelessness. This means that the police officer must prove that the driver was aware of their actions could cause an accident or put others in danger.
In some instances, even a minor traffic infraction can be considered a form of reckless driving in New York. For instance driving through the red light or stopping sign could lead to an accident that is serious and cause injury. If a driver is caught driving recklessly, they could be found guilty of misdemeanor charges and face penalties such as fines or jail time.
Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this crime can result in the addition of points to your license, as well as substantial fines. This could cause driver's insurance rates to rise substantially. It's important to hire an New York reckless driving accident attorney to ensure that the driver is held accountable in a fair manner.
The laws governing reckless driving in New York are very strict and could lead to substantial penalties which include fines and even imprisonment. The severity of a penalty is contingent on a number of factors like the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer will know how to investigate the causes of a crash and gather evidence to prove your innocence. The evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum compensation for your injuries.