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. Certain accidents could cause serious injuries even if they're just minor collisions. Anyone injured should dial 911 and seek medical attention right away.
A New York car accident attorney can help victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical expenses as well as lost income.
No-fault insurance
New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages, and other related costs to an accident. While this has helped to protect car accident victims from being buried due to out-of-pocket costs but it is essential to know exactly what it does and does not mean.
To qualify for No-Fault Insurance, you must meet some requirements. First and foremost, you must have been injured in an accident in New York. You must also be a driver, passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The person injured must be treated at a hospital or an authorized provider. In addition, you must have suffered a "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely severe injuries that can have a profoundly negative impact on the person's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you deserve.
A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident.
Following a serious car crash, you may be facing huge medical bills, lost wages and other costs. These costs can be covered by no fault insurance, and you should seek medical attention immediately after a car accident even if you feel as if you're in good shape.
If you're unable to return to work, no-fault insurance will pay for 80 percent of your lost wages up to $2,000 per month. It can also cover a large portion of your out-of-pocket expenses which includes the cost of household help.
Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, because failure to attend could result in a retroactive denial of benefits.
Purely faults that are comparable
In a majority of car accident lawsuits, plaintiffs are partly or totally responsible for the accident. The law allows injured parties to seek damages according to the proportion of blame that can be attributable to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount that a claimant may be deemed to have to prevent them from being eligible for financial compensation. Modified comparative fault states generally place the limit between 49 and 51 percent.
In a car accident the plaintiff must prove two elements to be legally accountable for the accident: negligence and causality. Southfield refers to breaking a law or acting in reckless disregard. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as pain and suffering.
New York is one of the 13 states that have pure comparative fault laws, which means that those who have suffered are still able to seek compensation even when they are at the fault. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this case it is essential to work with a knowledgeable attorney.
Comparative fault is applicable to nearly every personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in the case of wrongful death.
The concept of comparative fault is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will collaborate with insurance companies to secure the most compensation for your injuries.
Additionally, if you have multiple defendants in your case, the concept of joint and several liability could apply. This is a system which splits the verdict among all defendants in the event that the jury determines that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the most compensation possible for your injuries.
Insurance Company Tactics
Car accidents can be stressful enough, and the aftermath can be more challenging. Victims of injuries 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 afford rent and other expenses that are part of their daily lives. They don't need to endure the stalling tactics used by an insurance company to try and get them to take low settlement offers.
Insurance companies are in business to earn money. They do this by denying or cutting your claims. Insurance representatives will use any method to stop you from receiving the compensation you deserve. It is essential to find an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies and their sneaky tactics.
In order to save money insurance companies will do anything they can to delay or stall your claim. They will also try and avoid liability by arguing that your injuries aren't connected to the accident or do not require treatment. They could even argue that the accident was caused by a previous medical condition.
In some cases the insurance adjuster might offer a settlement that appears reasonable. This is a common trick that many people fall to. This offer is lower than the amount you must pay to cover medical expenses and other damage.
The law in New York requires all drivers to have no-fault insurance. However, it is not uncommon for people to be injured when driving or riding in another's vehicle. The most frequent causes of accidents include distracted driving, reckless driving and speeding. Distracted driving happens when a driver is using an electronic device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. 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 driver accident lawyer can help you in analyzing the accident to determine who could be responsible for your injuries and damage. They may also file a lawsuit or claim against the driver in order to claim damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone the police officer must prove more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger.
In some cases, even a minor traffic offense can be viewed as a form of reckless driving in New York. For instance driving at an intersection with a stop sign could lead to a serious accident and injury. If a driver is found driving recklessly, they might be found guilty of misdemeanors and be subject to fines or even jail time.
Reckless driving can cause severe injuries to pedestrians, other drivers and bicyclists. Those who are convicted of this offense will have points added to their license and could face large fines. This can cause a driver's insurance rates to rise significantly. It is essential to find an New York reckless driving accident attorney who will ensure the driver is convicted in a fair manner.
The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and jail time. The severity of the penalty is contingent on a variety of factors such as the severity of the incident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended.
An experienced reckless driving accident lawyer knows how to find out the causes of a crash and gather evidence that will prove your innocence. This 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 and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.