A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular event in New York City. Although the majority of them are collisions between cars, some may cause serious injuries. The injured party should immediately contact 911 and seek medical attention.
A New York car accident lawyer can assist victims with their legal issues following an accident. They can assist victims in obtaining compensation for medical expenses as well as lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket costs. However, it is important to understand what it means.
To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. First of all, you must be injured in a car accident that occurred in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by an authorized provider. You must also have suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries that could have a significant negative impact on the person's life. 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're due.
A lawyer can assist with the legal process in many ways following a serious auto accident. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the driver who caused the crash.
Following a serious car crash you could face massive medical expenses, lost wages and other expenses. No-fault insurance is able to help with these costs, and you should always seek treatment after an accident, even though you feel well.
If you are unable to return to work, no-fault insurance will pay for 80 percent of your wages lost up to $2,000 per month. It will also cover an important portion of the cost you incur out-of-pocket which includes the cost of household assistance.
Insurance companies will often attempt to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, because not attending could result in an appeal to the benefits.
Purely comparative fault
In a lot of car accident cases the plaintiffs could be liable in part or full for the accident. The law permits injured parties to recover damages based on the percentage of fault that can be assigned to them. This is referred to as pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a claimant could be considered to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent.
In a car accident, the plaintiff must prove two elements to be legally responsible for the accident: negligence and causality. Negligence is the act of breaking an act of law, or acting with unreasonable negligence. Causation refers to the way in which the negligence directly contributed to the injury. To demonstrate Lincoln injury lawsuit has to show the economic losses that result from their injuries such as medical bills, lost income, and travel expenses to appointments. Non-economic losses can include emotional trauma, suffering and pain.
New York is among the 13 states that have a strict comparative fault law, which means that those who are injured can still claim compensation even if they were partially at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case, it's important to consult a knowledgeable lawyer.
Comparative fault is applicable to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in wrongful death cases.
The concept of comparative blame is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to secure the maximum amount of compensation for your injuries.
In addition, if have multiple defendants in your case the concept of joint and multiple liability could be applicable. This is a system that splits the judgment amongst all defendants if the jury decides that you are jointly and severally liable for the incident. This is a great way to ensure you receive the most compensation for your injuries.
The tactics of the insurance company
The aftermath of a car crash can be just as stressful. Victims of injuries often confront medical expenses and loss of income due to being incapable of working and suffer from emotional and physical pain. They also have to worry about how they will pay rent and other expenses that are part of their daily lives. The last thing they want is to be subjected to the stalling tactics of an insurance company who is trying to get them accept a low settlement offer.
The fact is, most insurance companies are focused on making money and they do it by denying or cutting claims. Insurance agents will use every trick to deny you the compensation you are entitled to. It is important to hire 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 victims of car accidents. Our attorneys will fight insurance companies' sly tactics.
To save money insurance companies will do everything they can to delay or stop your claim. They will also try to avoid accountability by arguing that your injuries aren't caused by the crash or do not require treatment. They might even claim that the accident was the result of a prior medical condition.
In some cases, an insurance adjuster will determine an amount for settlement that seems reasonable. This is a common method that a lot of people are enticed by. This offer is lower than the amount you'll must pay to cover your medical expenses and other damages.
The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for drivers to be injured when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving and speeding are among the most frequent causes of accidents. Distracted driving is when a driver uses devices to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
You may 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 help you in investigating the crash to determine who might be accountable for your injuries and damages. They can also file 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 drivers or pedestrians and cyclists at risk. To convict a person of this crime an officer of the police force must prove more than negligence or carelessness. This means that the police officer must show that the driver was aware that their actions could cause an accident or put others at risk.
In some instances even a minor traffic offense can be considered a form of reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If an individual driver is found be recklessly driving, they could be found guilty of a misdemeanor crime and 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 licenses and could face massive fines. This could cause driver's insurance rates to increase significantly. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is convicted on a fair basis.
The laws governing reckless driving in New York are extremely strict and could result in severe penalties, including fines and jail time. The severity of a penalty depends on a number of factors, such as the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer knows how to find out the causes of a crash and gather evidence to prove your innocence. This evidence might include witness statements as well as phone records to look for distracted driving, photos and videos taken at the scene of the crash, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.