A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent occurrence in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. The injured party should call 911 and seek medical attention right away.
A New York car accident attorney can assist victims with 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 a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other related expenses. This system has protected car accident victims against having to pay out-of-pocket costs. However, it is important that you understand what it means.
To be eligible for No-Fault Insurance, you must meet a few criteria. First and foremost, you must have been injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by an authorized medical professional. You must also have suffered "a serious injury."
New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely serious injuries that can have a profoundly negative impact on the life of the victim. 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 many 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 can also bring a lawsuit to court on your behalf against the negligent driver who caused the accident.
After a serious car accident, you may be facing massive medical expenses, lost wages and other costs. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a collision, even if it feels as if you're in good shape.
If you are unable to return to work because of an injury, no fault insurance will pay up to $2,000 in lost wages per month. It will also cover a lot of your out-of-pocket costs, such as the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. Attendance is mandatory, as failure to do so may result in retroactive denials of benefits.
Pure faults that are comparable
In many car accident cases plaintiffs may be liable in part or full for the incident. The law gives injured parties to recover damages based on their percentage of blame. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault, which limits the amount of fault that the claimant could be considered to have to disqualify them from financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal liability for the crash depends on showing two things that are causation and negligence. Negligence refers to breaking a law or acting with reckless carelessness. Causation is the process by which the negligence directly contributed to the injury. To prove legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses are emotional trauma, suffering and pain.
New York is one of the 13 states with absolute comparative fault laws, which means that the injured party can still seek recovery when they are at the fault. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this case it is crucial to consult with a reputable lawyer.
Comparative fault is applicable to nearly every personal injury or death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. Hialeah of comparative fault is more complex in cases of wrongful deaths.
The concept of comparative fault is very important to understand when making a claim for compensation after an accident in New York. Your lawyer will negotiate with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
Joint and multiple liability may also apply if there are several defendants. This system divides the verdict between all defendants if a jury finds you jointly and severally liable for the accident. This is a great way to ensure you receive the most compensation for your injuries.
Strategies of insurance companies
Car accidents can be stressful enough, and the aftermath can be even more challenging. Victims of injuries often must deal with medical expenses and loss of income as a result of being unable to work and suffer from physical pain and emotional stress. Rent and other costs of daily living are also a concern. The last thing they want is to be subjected to the stalling tactics of an insurance company that is trying to get them accept a low settlement offer.
Insurance companies exist to make money. They accomplish this by denial or cutting your claims. Insurance representatives will use any tactic they can to prevent you from getting the amount you are entitled to. This is why it's so important to hire 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 attorneys will stand up to insurance companies and their shady tactics.
Insurance companies will do everything in their power to delay your claim or slow the negotiations in order to save as much as possible. They also try to avoid responsibility by claiming that your injuries are not caused by the crash or do not require treatment. They could even argue that the accident was caused by a previous medical condition.
In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall to. In reality, this offer is significantly less than the amount you will actually have to pay for medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for people to suffer injuries when driving a vehicle of another or in their vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using an electronic device to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions, and weather conditions.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine the parties liable for your injuries and losses. They can also initiate 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 in a manner that it puts other drivers or pedestrians and cyclists in danger. To convict someone the police officer must prove more than just negligence or carelessness. This means that the officer must show that the driver was aware that their actions were likely to cause an accident or put others in danger.
In some instances, even a minor traffic infraction could be viewed as a type of reckless driving in New York. Driving through a stop sign or red light could result in serious accidents. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and could face fines or even jail time.
Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. Those who are convicted of this offense will have points added to their licenses and could be subject to large fines. This could result in driver's premiums going up substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly.
New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and prison. The severity of a penalty is contingent on a variety of variables including the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
A reckless driving accident lawyer who has experience can determine the cause of an accident and gather evidence to prove your innocence. This could include witness statements, cellphone records to look for distracted driving, photos and videos from the scene of the accident and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.