A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are common. While the majority of them are simply fender benders, some can result in serious injuries. The injured party should immediately contact 911 and seek medical care.
A New York car accident lawyer can help victims with their legal needs following 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 drivers passengers, pedestrians and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other related expenses. While this has helped to protect car accident victims from being buried by 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, you have to meet certain criteria. In the first place you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The injured party must also be treated in a hospital or an authorized provider. Additionally, you must have suffered a "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries, and could have a significant negative impact on the life of the victim. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due.
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 engage with the insurance company on your behalf. They can also initiate a court action on behalf of you against the driver who caused the accident.
You could be required to pay astronomical medical costs as well as lost wages, and other expenses following a serious car accident. No-fault insurance is able to pay for these and other expenses, so you should seek treatment after a crash, even if you feel fine.
If you're unable to return to work, no fault will pay for 80% of your lost wages up to $2,000 per month. It can also cover many of your out of pocket costs, such as the cost of household assistance.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must be present at these appointments, because not attending could result in the denial of benefits retroactively.
Pure faults that are comparable
In many car accident lawsuits, plaintiffs are either completely or partially accountable for the incident. The law allows injured parties to seek damages in proportion to the percentage of blame that can be assigned to them. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which caps the amount of fault an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.
In the case of a car crash, the plaintiff's legal responsibility for the crash depends on demonstrating two things that are causation and negligence. Negligence is the act of breaking a law or acting with reckless carelessness. Causation refers to the way in which the negligence directly led to the injury. To demonstrate legal responsibility the plaintiff has to demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income, and travel expenses to appointments. Non-economic losses are emotional trauma, pain and suffering.
New York is among the 13 states with a pure comparative-fault law, which means that the injured party may still be able to claim compensation even if they were partially responsible. However, if the claimant is found to be more than 50 percent at fault, they will be exempt from any claim for damages. In this instance it is essential to work with an experienced attorney.
Comparative fault can be applied to almost any personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be a bit more complicated in wrongful death claims.
It is crucial to grasp the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident, and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries.
Joint and several liability could be used in the event of several defendants. This is a system which splits the verdict among all the defendants if the jury decides that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries.
Insurance company tactics
Car accidents are stressful enough, and the aftermath can be more difficult. Injured victims are often faced with medical bills, loss of income due to not being able to work, and physical discomfort. Kenosha accident lawsuits and other daily expenses are also a major concern. The last thing they need is to be subjected the tactics of an insurance company who is trying to get them to accept a settlement offer that is low.
The truth is that the majority of insurance companies are focused on making money and do it by denying or reducing claims. Insurance representatives will use any method to stop you from receiving the amount you are entitled to. This is why it is crucial to find 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 the victims of car accidents. Our attorneys will stand up to insurance companies and their shady tactics.
Insurance companies will do everything in their power to delay your claim or slow the process to save as much money as possible. They also try to avoid accountability by arguing that your injuries aren't caused by the crash or do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for the crash.
In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall prey to. The offer is significantly less than the amount you'll need to pay in order to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for people to be injured while driving another's vehicle or riding in their vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver is using devices to send or receive text messages, make phone calls, or listens to music while 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 crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify all parties that could be accountable for your injuries and losses. They may also file a lawsuit or claim against the driver to collect damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. 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 that their actions could cause an accident or put others in danger.
In certain instances, even a minor traffic violation can be considered a form of reckless driving in New York. For instance driving through a red light or stop sign could lead to serious injuries and accidents. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face penalties such as fines or jail time.
Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this type of offense could result in the addition of points to your license as well as hefty fines. This can result in a driver's insurance premiums increasing substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The laws governing reckless driving in New York are very strict and can result in substantial penalties including fines and prison. The severity of the punishment depends on several factors, including the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence to prove your innocence. The evidence could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.