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 just accidents that cause fender benders, a few can result in serious injuries. The injured party should immediately contact 911 and seek medical attention.
A New York car accident attorney can help 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 a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other related expenses. This system has safeguarded the victims of car accidents from having to pay out-of-pocket expenses. However, it is important that you understand what it means.
To qualify for No-Fault Insurance you must satisfy some requirements. First and foremost 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 injured person must be treated in an accredited hospital or provider. Provo accident attorney must have also suffered "a 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. All of these are serious and could have a 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 obtaining the compensation that you deserve.
A lawyer can assist with the legal process in a variety of ways following a serious auto accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on behalf of you against the driver responsible for the crash.
Following a serious car crash, you may be facing huge medical expenses, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately following a car crash, even if it feels like you are fine.
If you're unable to return to work, no-fault insurance will pay 80 percent of your lost wages up to $2,000 per month. It will also cover a large portion of your out-of-pocket costs which includes the cost of household assistance.
Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must be present at these appointments, as failing to do so could result in an appeal to the benefits.
Purely comparative fault
In many cases of car accidents the plaintiffs could be held to be fully or partially responsible for the accident. The law permits injured parties to recover damages according to the percentage of fault that can be given to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal responsibility for the accident is contingent upon proving two things that are causation and negligence. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. The causality is the manner in which the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses are emotional trauma, suffering and pain.
New York is among the 13 states with a pure comparative-fault law. This means that those who are injured may still be able to claim compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at fault, they are not able to claim damages. In this situation it is essential to work with a skilled attorney.
Comparative fault applies to almost every personal injury or wrongful death case where the victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complicated in the case of wrongful death.
The concept of comparative blame is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to get you the maximum amount of compensation for your injuries.
In addition, if you have several defendants in your case, the concept of joint and numerous liability could apply. This is a method that divides the judgment between all the defendants if the jury finds that you are jointly and severally liable for the incident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be just as stressful. Injured victims often confront medical expenses and loss of income due to being unable to work, not to mention their emotional and physical pain. Rent and other daily expenses are also a problem. They don't need to be subjected the delay tactics employed by insurance companies to get them to accept lower settlement offers.
The fact is, most insurance companies are focused on making money and do it by denying or cutting claims. Insurance companies will employ every trick to deny you the money you are entitled to. This is why it is essential to work with an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will take on insurance companies' sneaky strategies.
To save money insurance companies will do whatever they can to delay or stall your claim. They may also attempt to avoid accountability by arguing that your injuries aren't directly related to the crash, or they do not require treatment. They may even argue that you have a prior medical condition that is to blame for the crash.
In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a common tactic that many people fall prey to. In reality, this offer is significantly less than what you actually need to pay for your medical treatment and other damages.
The law in New York requires all drivers to have no-fault insurance. However, it is not uncommon for people to become injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving happens when a driver uses devices to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road 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 driver accident lawyer can help you in analyzing the crash to determine who may be accountable for your injuries and damage. They can also make a claim or a lawsuit against the driver to recover 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 others on the road and pedestrians on bicycles. To convict someone of this crime, a police officer must demonstrate more than mere negligence or carelessness. This means that the officer must prove that the driver was aware that their actions were likely to cause an accident or put others in danger.
Even minor traffic violations can be deemed reckless driving in New York. For instance, running an intersection with a stop sign could lead to serious injuries and accidents. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to penalties such as fines or jail time.
Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. If convicted of this offense will receive points added to their licenses and could be subject to massive fines. This can cause a driver's insurance rates to go up significantly. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner.
The reckless driving laws in New York are extremely strict and could result in severe penalties that include fines and jail time. The severity of the penalty depends on a number of factors, including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license.
A seasoned reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence that will prove your innocence. This evidence could include witness statements as well as phone records to determine whether the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.