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. Some of these accidents can cause serious injuries, even if they are only minor collisions. The injured party should immediately contact 911 and seek medical attention.
A New York car accident lawyer can help victims with their legal needs after an accident. They can assist in obtaining compensation for their medical bills and lost wages.
No-fault insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket expenses. However, it is important to understand what it means.
In order to qualify for the benefits of No-Fault insurance, you must meet certain requirements. First and foremost you must have been injured in a vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian who was struck by the vehicle. The injured party must also be treated in an accredited hospital or provider. You must also have suffered "a serious injury."
New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries that could have a significant negative impact on the person's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve.
In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident.
You could be required to pay for astronomical medical expenses, lost wages, and other expenses following a serious car accident. No-fault insurance will help with these costs as well, and you should seek treatment following a crash, even if you feel well.
If you are unable to return to work, no-fault will cover 80 percent of your lost wages up to $2,000 per month. It will also cover an important portion of your out-of-pocket expenses such as the cost of household help.
Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must be present at these appointments, as failing to do so could result in a retroactive denial of benefits.
Purely comparative fault
In a lot of car accident lawsuits, the plaintiffs are partly or totally accountable for the incident. The law gives injured parties to recover damages according to their percentage of the fault. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a claimant could be considered to have in order to keep the claimant from obtaining financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent.
In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things: negligence and causation. Negligence is the act of breaking a law or committing an act with reckless carelessness. Causation is the process by which the negligence directly led to the injury. To demonstrate legal responsibility, the plaintiff must also prove the economic damages that result from their injuries such as medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as suffering and pain.
New York is one of the states that have absolute comparative fault laws, which means that the injured party are still able to seek compensation even in the event that they are partly at the fault. However, if the person seeking compensation is found to be more than 50% at the fault, they will be barred from recovering any damages. In this situation it is essential to consult a knowledgeable lawyer.
Comparative fault applies to any personal injury or wrongful death instance where the victim (or heirs) have suffered physical or mental damages. However the concept of comparative fault can be somewhat more complex in wrongful death claims.
It is essential to comprehend the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will work with insurance companies to secure the maximum amount of compensation for your injuries.
Joint and several liability could be used in the event of multiple defendants. This system splits the verdict between all defendants in the event that the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation possible for your injuries.
YouTube of a car accident can be just as stressful. Victims of injuries often must deal with medical bills as well as a loss of income from being unable to work and suffer from emotional and physical pain. Rent and other expenses are also a problem. The last thing they need is to be subjected to the tactics of an insurance company who is trying to get them to accept a settlement offer that is low.
The truth is that the majority of insurance companies are focused on making money, and they do this by denial or reduction of claims. Insurance companies will employ every method to deny you the money you are entitled to. It is essential to find an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies and their shady tactics.
Insurance companies will do everything in their power to delay your claim or stop the process to save as much money as possible. They also try to keep the blame off by claiming that your injuries aren't directly related to the crash or do not require treatment. They might even claim that you had a prior medical condition that is the reason for your crash.
In certain cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a trick that many people fall to. This offer is much lower than the amount you need to pay in order to cover your medical expenses and other damages.
New York law requires that all drivers carry no-fault coverage. However, it is not uncommon for people to get injured while driving or riding in a person's vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses a device while driving to send or receive messages or 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 crashes include drunk driving, road conditions and weather conditions.
Reckless driving
You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine the parties that may be responsible for your injuries and damage. They could also make a claim or lawsuit against the driver in order to collect damages.
The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that endangers the lives and safety of other motorists and pedestrians or riders on bicycles. To find someone guilty the police officer must prove more than mere negligence or recklessness. This means that the officer must show that the driver was aware that their actions could cause an accident or put others at risk.
Even minor traffic violations can be deemed reckless driving in New York. For example driving at the red light or stopping sign could result in serious injuries and accidents. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor crime and could face a fine or jail time.
Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. Those who are convicted of this crime will be subject to points added to their license and could be subject to hefty fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ a New York reckless driving accident attorney to ensure that the driver is held accountable on a fair basis.
The laws governing reckless driving in New York are very strict and could result in severe penalties that include fines and jail time. The severity of the penalty depends on several 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 licence.
An experienced reckless driving accident lawyer knows how to investigate the causes of a crash and gather evidence that will demonstrate your innocence. This evidence might include witness statements, cellphone records to look for distracted driving, images and videos from the scene of the crash and official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest compensation for your injuries.