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 the majority of them are simply collisions between cars, some may cause serious injuries. The injured party should immediately call 911 and seek medical care.
A New York car accident lawyer can assist victims with their legal needs after the crash. They can help victims get compensation for medical expenses as well as lost income.
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 accident-related expenses. While this has helped to protect car accident victims from being buried due to out-of-pocket costs It is crucial to know exactly what it does and does not mean.
To be eligible to benefit from No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident that occurred in New York. You must also be a driver, passenger in the insured vehicle or a pedestrian or bicyclist who was struck by the vehicle. The person injured must be treated in a hospital or by an authorized medical professional. In addition you must have sustained 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 can have a devastating 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.
Following a serious car accident A lawyer can help you in a number of ways. They can provide you with legal options, conduct an extensive investigation and bargain with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the driver who caused the accident.
In the aftermath of a serious crash, you may be facing huge medical bills, lost wages and other expenses. No-fault insurance is able to help with these costs, and you should always seek treatment following an accident, even though you feel okay.
If you're unable to return to work, no-fault insurance will cover 80% of your lost wages up to $2,000 per month. It can also cover the majority of the cost you incur out-of-pocket which includes the cost of household assistance.
Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, since failing to do so could result in the denial of benefits retroactively.
Purely comparative fault
In many cases of car accidents, the plaintiffs may be liable in part or full for the incident. The law allows injured parties to recover damages based on the percentage of the blame that is assigned to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault that the claimant could be considered to have to disqualify them from financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two things to be legally responsible for the crash the other being negligence and causality. Negligence is the act of breaking a law, or acting with unreasonable negligence. Causation refers to how the negligence directly contributed to the injury. To establish legal responsibility, plaintiffs must also show economic losses, such as medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as 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 are partially responsible. However, if the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this instance it is essential to work with a knowledgeable attorney.
Comparative fault applies to almost any personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complex in the case of wrongful death.
It is crucial to grasp the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to secure the maximum amount of compensation for your injuries.
Joint and multiple liability may be used in the event of multiple defendants. This system splits the verdict among all defendants when the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you get the maximum amount of compensation for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, and the aftermath can be more difficult. Injured victims often must deal with medical expenses and loss of income due to being unable to work in addition to their physical pain and emotional stress. Rent and other daily expenses are also a concern. The last thing they want is to be subjected the tactics of an insurance company who is trying to convince them to accept a low settlement offer.
The fact is, most insurance companies are in the business of making money and they do it by denying or reduction of claims. Insurance agents will employ every strategy to prevent you from getting the compensation you are entitled to. 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 lawyers will stand up to insurance companies and their devious tactics.
To save money insurance companies will do everything they can to delay or stop your claim. They also try to avoid responsibility by arguing that your injuries aren't related to the accident or that they do not require treatment. They may even claim that your accident was caused by an earlier medical condition.
In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall prey to. This offer is much lower 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 nevertheless common for people to become injured while driving or riding in another's vehicle. The most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses devices while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions.
Reckless driving
You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you examine the crash to determine the parties responsible for your injuries and losses. They can 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 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 result in an accident or place others in danger.
Even minor traffic violations can be deemed reckless driving in New York. For instance driving through an intersection with a stop sign could cause a serious accident and injury. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or jail time.
Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. Anyone who is found guilty of this offense will receive points added to their license and may be subject to large fines. This can result in a driver's premiums going up substantially. It's important to hire a New York reckless driving accident attorney to ensure that the driver is found guilty on a fair basis.
The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of the penalty depends on a variety of variables, such as the severity of an accident and if there were aggravating circumstances. Arlington accident lawyer for reckless driving could also result in the suspension of a driver's license.
A reckless driving accident attorney with experience will know how investigate the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.