A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common occurrence in New York City. Some of these accidents can cause serious injuries, even if they are only minor collisions. The injured parties should immediately contact 911 and seek medical care.
A New York car accident lawyer can assist victims with their legal needs following a crash. They can help them obtain compensation for their medical bills and lost wages.
No-fault Insurance
New York is an insurance no-fault state. This means that all drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered 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 by expenses out of pocket, it is important to know what it is and what it does not mean.
To be eligible for the benefits of No-Fault insurance, you have to meet certain requirements. First of all, you must be injured in a vehicle accident that occurred within the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a certified medical professional. You must be able to prove that you suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries, and can have a devastating negative impact on the victim's life. A New York injury lawyer can assist you if been injured in a major New York car accident.
A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also file a court case on your behalf against the person who caused the crash.
There is a chance that you will have to pay astronomical medical bills as well as loss of wages, and other costs following a serious accident. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a car crash even if it seems like you're fine.
If you are unable to return to work due to an injury, no fault insurance will pay up to $2,000 for lost wages per month. It can also cover an important portion of your out-of-pocket expenses such as the cost of household assistance.
Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination 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 the plaintiffs could be liable in part or full for the incident. The law grants injured parties to recover damages according to their percentage of fault. This is referred to as pure comparative fault. 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 typically have a range of 49 to 51 percent.
In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. The causality is the manner that the negligence led to the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses include emotional trauma and suffering and pain.
New York is among the 13 states with a pure comparative-fault law, which means that the injured party may still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent at fault, they are not able to claim damages. In this situation it is crucial to consult a knowledgeable lawyer.
Comparative fault is applicable to any personal injury or wrongful death situation where the victim (or heirs) have suffered mental or physical damages. However the concept of comparative fault can be somewhat more complex in the case of wrongful death claims.
The concept of comparative fault is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will work with the insurance companies to get you the maximum compensation for your injuries.
Lee's Summit injury attorneys and several liability can be used in the event of several defendants. This is a system which splits the verdict among all defendants in the event that the jury decides that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the maximum compensation possible for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be equally stressful. Injured victims often have to deal with medical bills as well as a loss of income due to being unable to work, not to mention their physical pain and emotional distress. They also have to think about whether they can cover rent and other expenses of daily living. The last thing they want is to be subjected to the tactics of an insurance company who is trying to convince them to accept a low settlement offer.
The reality is that most insurance companies are focused on making money, and they do this by denial or reducing claims. Insurance agents will employ every method to stop you from receiving the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will take on insurance companies and their devious tactics.
In order to save money insurance companies will do whatever they can to delay or derail your claim. They also try to avoid responsibility by arguing that your injuries aren't connected to the accident or do not require treatment. They might even claim that you have a prior medical condition that is the reason for the crash.
In some instances an insurance adjuster may determine an amount for settlement that seems reasonable. This is a trick that many people fall prey to. In reality, this offer is significantly less than what you really need to pay for medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance coverage. However, it is common for people to get injured when driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving occurs when a driver uses devices while driving to send or receive text messages or make phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather.
Reckless driving
You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help investigate the crash to identify the parties accountable for your injuries and losses. They can also initiate a lawsuit or claim against the driver in order to collect damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or pedestrians and cyclists at risk. To convict someone of this crime the police officer must demonstrate more than mere carelessness or negligence. 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 example driving through a red light or stop sign could cause an accident that is serious and cause injury. If an individual driver is found be recklessly driving, they could be found guilty of a misdemeanor and be subject to an indictment or a fine.
Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. Anyone who is found guilty of this offense will have points added to their license and could be subject to massive fines. This could result in driver's insurance premiums increasing significantly. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner.
New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and imprisonment. The severity of the punishment depends on a number of factors including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license.
An experienced reckless accident lawyer will know how to determine the cause of a collision and gather evidence that will prove your innocence. This could include witness statements, phone records to look for distracted driving, photos and videos from the scene of the accident, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum compensation for your injuries.