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. While most of them are collisions between cars, some may result in serious injuries. Anyone injured should dial 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical bills and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected the victims of car accidents from having to pay out-of-pocket costs. However, it is important to understand what it means.
To be eligible for No-Fault insurance you must satisfy a few criteria. First and foremost, Davie injury lawyer must be injured in a vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. You must have also suffered "a serious injury."
Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries that can have a devastating negative impact on the life of the victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve.
A lawyer can help you with the legal process in a variety of ways following a serious car accident. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident.
In the aftermath of a serious crash you could be faced with astronomical medical bills, lost wages, and other expenses. No-fault insurance will pay for these as well, and you should seek treatment following an accident, even though you feel well.
If you are unable to return to work, no fault will pay for 80 percent of your wages lost up to $2,000 per month. It also covers an important portion of your out-of-pocket expenses which includes the cost of household help.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. Attendance is mandatory, as failing to attend could result in denial of benefits retroactively.
Pure comparative fault
In many car accident lawsuits, plaintiffs are partially or completely accountable for the incident. The law allows injured parties to recover damages in proportion to the proportion of the blame that is given to them. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault that a claimant can be deemed to have to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal responsibility for the accident rests on proving two things such as negligence and causation. 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 the negligence caused the injury. To prove legal responsibility the plaintiff has to prove the economic damages caused by their injuries, like medical bills, lost income, and travel costs to appointments. Other non-economic losses include emotional trauma, pain and suffering.
New York is one of the 13 states with absolute comparative fault laws, which means that the injured party may still pursue recovery even when they are at the fault. However, if the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this situation it is essential to consult with a reputable lawyer.
Comparative fault is applicable to nearly every personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in wrongful death cases.
It is important to understand the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will work 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 between all defendants when the jury finds you jointly and severally responsible for the accident. This is an excellent way to ensure you get the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents can be stressful enough, but the aftermath can be more difficult. Victims of injuries often must deal with medical expenses and loss of income as a result of being incapable of working in addition to their physical pain and emotional distress. Rent and other expenses are also a problem. They don't need to be subjected to the delay tactics employed by an insurance company to try and get them to take low settlement offers.
Insurance companies are in business to make money. They do this by denying or reduce your claims. Insurance agents will use every tactic possible to deny you the money you are entitled to. This is why it's so important to hire an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' sneaky strategies.
Insurance companies will do all they can to delay your claim or slow the negotiations in order to save as much money as possible. They will also try and avoid responsibility by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you had a prior medical issue that is responsible for your crash.
In some instances, an insurance adjuster will determine a settlement amount that seems reasonable. This is a common trick that many people fall to. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damage.
New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to become injured when driving or riding in a person's vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using an electronic device while driving to send or receive messages, 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 weather conditions, road conditions and road conditions.
Reckless driving
If you've been injured in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can assist you examine the crash to determine all parties who may be accountable for your injuries and losses. They may also file a lawsuit or claim against the driver to collect damages.
The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that puts at risk the lives and safety of other drivers and pedestrians on bicycles. To find someone guilty, a policeman must show more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could cause an accident or put others in danger.
In some instances even a minor traffic offense can be considered a form of reckless driving in New York. A violation of a stop sign, or a red light could cause a serious accident. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or jail time.
Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime can result in the addition of points to your license, and hefty fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly.
The reckless driving laws in New York are quite strict and can result in severe penalties which include fines and even imprisonment. The severity of a penalty is contingent on a number of factors, such as the severity of the accident and if there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license.
A reckless driving accident attorney with experience can determine the cause of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and phone records to determine whether the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.