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 are just minor collisions. The injured party should call 911 and seek medical attention as soon as possible.
A New York car accident attorney can help victims with their legal issues after a crash. They can assist them in obtaining compensation for their medical bills and lost wages.
No-fault insurance
New York is a no-fault insurance state, which means that drivers, passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried due to expenses out of pocket, it is important to know what it does and does not mean.
To be eligible for No-Fault insurance, you must meet a few criteria. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. In addition, you must have suffered a "serious injury."
You Tube defines serious injuries as permanent impairment of function or disfigurement. These are all extremely severe injuries, and can have a devastating negative impact on the life of the victim. A New York injury lawyer can assist you if been injured in a serious New York car accident.
A lawyer can assist you with the legal process in many ways following a serious auto accident. They can explain your legal options, conduct an in-depth investigation and engage with the insurance company on your behalf. They can also make a court filing 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 cover these costs, and you should always seek out treatment after an accident, even if you feel well.
If you are unable to return to work, no-fault 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 costs, including the cost of household help.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must show up for these appointments, as failure to attend could result in a retroactive denial of benefits.
Pure faults that are comparable
In many car accident lawsuits, the plaintiffs are partially or completely responsible for the accident. The law allows injured parties to recover damages according to the percentage of blame that can be attributable to them. This is called pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent.
In a car accident the plaintiff must prove two things to be legally responsible for the accident: negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly led to the injury. To prove legal responsibility, plaintiffs must also show 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 strict comparative fault laws which means that the injured party may still pursue recovery even if they are partially at fault. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this situation it is essential to work with a skilled attorney.
Comparative fault can be applied to almost every personal injury or death case in which a victim (or the descendants of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault can be somewhat more complex in wrongful death cases.
The concept of comparative fault is crucial to know when filing a claim for compensation after an accident in New York. Your lawyer will collaborate with insurance companies to secure 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 system splits the verdict among all defendants if the jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum compensation possible for your injuries.
Tactics of the Insurance Company
The aftermath of a car crash can be just as stressful. Injured victims often have to deal with medical expenses and loss of income as a result of being in a position of no work in addition to their emotional and physical pain. Rent and other costs of daily living are also a problem. The last thing they want is to be sucked into the tactics of a stalling insurance company trying to get them accept a settlement offer that is low.
Insurance companies exist to make money. They accomplish this by denial or reduce your claims. Insurance agents will use every tactic possible to deny you the compensation you deserve. 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 attorneys will fight insurance companies and their shady tactics.
In order to save money, insurance companies will do anything they can to delay or derail your claim. They may also attempt to avoid responsibility by claiming that your injuries aren't directly related to the crash, or they do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for the crash.
In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that a lot of people fall to. In reality, this offer is significantly less than what you actually need to pay for your medical treatment and other damages.
New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to be injured while driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver uses a device while driving to send or receive text messages, make phone calls, or listen to music. 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
If you've been injured in a car crash caused by reckless driving, you could 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 liable for your injuries and losses. They may 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 others on the road and pedestrians or riders on bicycles. To convict someone, a policeman must show more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger.
In some instances even a minor traffic offense can be viewed as a form of reckless driving in New York. For instance driving at a red light or stop sign could lead to serious injuries and accidents. If a driver is found driving recklessly, they could be found guilty of misdemeanor charges and could face fines or even jail time.
Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their license and could be subject to large fines. This can result in a driving's premiums rising substantially. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is held accountable on a fair basis.
The laws regarding reckless driving in New York are very strict and can result in substantial penalties including fines and jail time. The severity of the punishment depends on several factors such as the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to prove your innocence. This could include witness statements and cell phone records to check for distracted driving, images and videos from the scene of the crash and official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.