A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are frequent. Certain accidents could cause serious injuries, even if they are minor accidents. Injured parties should call 911 and seek medical attention as soon as possible.
A New York car accident lawyer can help victims with their legal issues following an accident. 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 automatically covered by their own automobile insurance policies for medical, lost wages, and other incident-related expenses. This system has safeguarded the victims of car accidents from being burdened with out-of pocket costs. However, it is important to understand what it means.
To be eligible for No-Fault Insurance, you must meet certain requirements. You must first and foremost have been injured in an accident in New York. You must also be a driver or passenger in the insured vehicle or a bicyclist or pedestrian who was struck by the vehicle. The injured party must also be treated in an accredited hospital or provider. You must be able to prove that you 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, and could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident.
A lawyer can assist you with the legal process in a variety of ways following 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 file a court case on behalf of you against the driver who caused the crash.
After a serious car accident, you may be facing massive medical bills, lost wages, and other expenses. These expenses are covered by no-fault insurance, and you should seek medical attention immediately following a collision even if you feel like you are fine.
If you are unable to return work due to an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers a large portion of your out-of-pocket costs such as 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). It is mandatory to attend, since failure to do so may result in denial of benefits retroactively.
Pure faults that are comparable
In many cases of car accidents the plaintiffs could be partially or fully responsible for the accident. The law allows injured parties the right to receive damages based on their percentage of blame. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent.
In a car accident, the plaintiff must prove two elements to be legally accountable for the crash that is, negligence and causality. Negligence is the violation of the law or committing an act of negligence that is unreasonable. Causation is the process by which the negligence directly led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Other non-economic losses include emotional trauma as well as suffering and pain.
New York is one of the 13 states with strict comparative fault laws which means that those who have suffered can still seek recovery in the event that they are partly at fault. 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 crucial to consult with a reputable attorney.
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 physical or emotional damages. However the concept of comparative fault is somewhat more complex in wrongful death cases.
It is crucial to grasp the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries.
Additionally, if you have several defendants in your case, the concept of joint and several liability could apply. This system splits the verdict between all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum compensation possible for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, and the aftermath can be even more difficult. Victims of injuries often must deal with medical bills and a loss of income due to being incapable of working, not to mention their physical pain and emotional stress. They also have to think about whether they can afford rent and other expenses that are part of their daily lives. The last thing they need is to be sucked into the tactics of a stalling insurance company trying to convince them to accept a settlement offer that is low.
The fact is, most insurance companies are focused on making money and they do this by denying or cutting claims. Insurance agents will use every method to deny you the money you are entitled to. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will fight insurance companies and their sneaky tactics.
Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much as possible. They will also try to avoid accountability by arguing that your injuries are not related to the crash or do not require treatment. They could even argue that the crash was caused by an earlier medical condition.
In some cases an insurance adjuster may arrive at an amount of settlement that appears reasonable. This is a common scam that a lot of people fall for. The offer is significantly less than the amount you'll have to pay to cover your medical expenses and other damages.
New York law requires that all drivers have no-fault insurance. It is nevertheless common for people to become injured when driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses devices to send or receive text messages, makes phone calls, or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties who may be liable for your injuries and losses. They can also make a claim or lawsuit against the driver in order to claim damages.
The New York criminal code defines reckless driving as operating the vehicle in a way 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 just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or put others in danger.
Even minor traffic violations can be deemed 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 caught driving recklessly, they may be convicted of misdemeanor charges and could face fines or jail time.
Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this type of offense could result in the addition of points to your license, and hefty fines. This can cause a driver's insurance rates to rise substantially. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is held accountable 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 the penalty depends on a variety of factors including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended.
An experienced reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence to show your innocence. The evidence could include witness statements and phone records to look for distracted driving, photos and videos of the scene of the crash and official medical reports and toxicology reports. Parma accident lawyers will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.