A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent event in New York City. While most of them are simply accidents that cause fender benders, a few can result in serious injuries. The injured party should call 911 and seek medical attention right away.
A New York car accident attorney can assist victims with legal issues after the crash. They can assist them in obtaining 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 cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical costs, lost wages and other accident-related costs. While this has helped to protect car accident victims from being buried by out-of-pocket costs but it is essential to know what it means and does not mean.
To qualify for No-Fault Insurance, you must meet some requirements. You must first and foremost have been 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 at an accredited hospital or provider. In addition, you must have suffered an "serious injury."
Serious injuries are defined by 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, and could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident.
A lawyer can help you with the legal process in many ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also initiate a court action on behalf of you against the driver who caused the accident.
In the aftermath of a serious crash you could face massive medical expenses, lost wages and other expenses. No-fault insurance can pay for these, and you should always seek out treatment after an accident, even though you feel well.
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 often try 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, as failing to do so could result in a retroactive denial of benefits.
Purely comparative fault
In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law permits injured parties to recover damages in proportion to the percentage of the blame that is attributable to them. This is called pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount a claimant could be found to have to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two elements to be legally accountable for the accident the other being negligence and causality. Negligence is the act of breaking the law or committing a breach of the law with reckless negligence. The cause of the accident is determined by the manner in which the negligence caused the injury. To demonstrate legal responsibility the plaintiff must show the economic losses caused by their injuries, for example, medical bills, lost income and travel costs to appointments. Non-economic losses include emotional trauma and pain and suffering.
New York is one of the states that have absolute 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. If the claimant is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this situation it is crucial to consult a knowledgeable attorney.
Comparative fault can be applied to almost every personal injury or death case where a victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complex in wrongful death cases.
It is essential to comprehend the concept of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own contribution to the accident and work with insurance companies to ensure that you receive the most compensation you can for your injuries.
Joint and multiple liability may also apply if there are multiple defendants. This is a method which splits the verdict among all defendants if the jury finds that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the maximum compensation for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, but the aftermath can be even more difficult. The victims of injuries typically confront medical bills and a loss of income from being in a position of no work in addition to their physical pain and emotional distress. Rent and other costs of daily living are also a major concern. The last thing they need is to be sucked into the stalling tactics of an insurance company that 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 this by denying or reducing claims. Insurance companies will employ any method to stop you from obtaining the compensation you deserve. This is why it is so important to hire a New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our attorneys will fight insurance companies and their sneaky tactics.
Insurance companies will do all they can to delay your claim or stop negotiations to save as much money as possible. They will also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or they do not require treatment. They might even claim that your accident was the result of a prior medical condition.
In certain cases, the insurance adjuster will offer a settlement that seems reasonable. This is a classic trick that many people are enticed by. This offer is much lower than the amount you have to pay to cover medical expenses and other damages.
The law in New York requires all drivers to have no-fault insurance. Kalamazoo injury attorneys is not uncommon for drivers to suffer injuries while driving another person's car or in their own vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes 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 accidents are drunk driving, road conditions and weather.
Reckless driving
You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help examine the crash to determine all parties who may be responsible for your injuries and losses. They may also file a lawsuit or claim against the driver in order to claim damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of others on the road and people on foot or on bicycles. To convict a person of this crime the police officer must demonstrate more than mere negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or put others in danger.
In some instances even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance, running an intersection with a stop sign could cause a serious accident and injury. If a driver is found driving recklessly, he or she could be found guilty of misdemeanors and be subject to fines or even jail time.
Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this offense could result in the addition of points to your driver's license, as well as hefty fines. This could cause driver's insurance rates to rise substantially. It is essential to find a New York reckless driving accident attorney who will ensure the driver is held accountable fairly.
The laws governing reckless driving in New York are extremely strict and could result in severe penalties which include fines and even imprisonment. The severity of the penalty is contingent on several factors, including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.
An experienced reckless driving accident lawyer will know how to find out the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photos and videos of the scene of the crash as well as official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.