A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common incident in New York City. While the majority of them are fender benders, some can result in serious injuries. The injured party must immediately call 911 and seek medical attention.
A New York car accident lawyer can assist victims with their legal issues following an accident. They can assist in obtaining compensation for medical expenses and lost wages.
No-fault insurance
New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. This has helped protect those who have been injured in car accidents from having to pay out-of-pocket costs. However it is crucial to know what it means.
To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. You must first and foremost be injured in an accident in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. In addition you must have suffered an "serious injury."
Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. These are all extremely severe injuries that can have a devastating negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.
After a serious auto accident, a lawyer can assist you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the driver responsible for the crash.
You may have to pay astronomical medical bills, loss of wages, and other costs after a serious auto accident. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a collision, even if it feels like you are fine.
If you're unable to return to work, no fault will pay for 80 percent of your lost wages up to $2,000 per month. Newark injury lawsuit can also cover an important portion of the cost you incur out-of-pocket which includes the cost of household help.
Insurance companies frequently try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as failure to do so may result in denial of benefits retroactively.
Purely comparative fault
In many car accident lawsuits, plaintiffs are either completely or partially accountable for the incident. The law allows injured parties to seek damages according to the proportion of the blame that is attributable to them. This is called pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount a person may be deemed to have in order to keep the claimant from obtaining 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 showing two things: negligence and causation. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation is the process by which the negligence directly caused the injury. To prove legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses can include emotional trauma, pain and suffering.
New York is one of the states that have strict comparative fault laws which means that the injured party can still seek recovery when they are at fault. If the claimant is found to be more than 50 percent at fault, they are not able to claim damages. In this instance it is crucial to consult with a reputable lawyer.
Comparative fault is applicable to any personal injury or wrongful death case where the victim (or their heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in cases of wrongful deaths.
It is important to understand the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will negotiate with insurance companies to secure the maximum compensation for your injuries.
In addition, if you have multiple defendants in your case the concept of joint and multiple liability could apply. This system splits the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is an excellent way to ensure you get the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents are stressful enough, but the aftermath can be even more challenging. Injured victims are often faced with medical bills, lost income due to inability to work or suffer physical discomfort. They also have to worry about whether they can cover rent and other expenses of daily living. The last thing they need is to be subjected the stalling tactics of an insurance company who is trying to convince them to accept a settlement offer that is low.
The reality is that most insurance companies are in the business of making money, and they do this by denial or cutting claims. Insurance agents will employ every method to stop you from receiving the compensation you deserve. It is important to hire an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will fight insurance companies and their shady tactics.
Insurance companies will do everything in their power to delay your claim or stall negotiations to save as much money as possible. They also try to avoid accountability by arguing that your injuries aren't related to the crash or do not require treatment. They may even claim that the crash was the result of a prior medical condition.
In some cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a common trick that a lot of people fall to. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damages.
The law in New York requires all drivers to carry no-fault insurance coverage. It is not unusual for people to be injured while driving another's vehicle or in their vehicle. The most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using a device while driving to send or receive texts or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes are drunk driving, road conditions, and weather.
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 driver accident lawyer can assist in investigating the crash to determine who could be accountable for your injuries and damages. They could also make a claim or lawsuit against the driver to claim damages.
The New York criminal code defines reckless driving as the act of operating an automobile in a manner that poses a threat to the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty the police officer must prove more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.
Even minor traffic violations can be deemed reckless driving in New York. For instance driving through a red light or stop sign could cause a serious accident and 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 can cause severe injuries to pedestrians, drivers and bicyclists. If convicted of this crime will be subject to points added to their licenses and could be subject to large fines. This could cause driver's insurance rates to rise substantially. It's important to hire an New York reckless driving accident attorney who will ensure the driver is convicted fairly.
New York's reckless-driving laws are very strict and can 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 crash and whether there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence.
A reckless driving accident lawyer who is experienced will know how investigate the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements and cell phone records to check for distracted driving, images and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.