A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are a common occurrence. While the majority of them are accidents that cause fender benders, a few can result in serious injuries. The injured parties should immediately call 911 and seek medical care.
A New York car accident lawyer can assist victims with their legal requirements after the crash. Springfield accident attorneys You Tube can help victims obtain compensation for medical expenses as well as lost income.
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 by out-of-pocket costs but it is essential to know what it is and what it does not mean.
To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. You must first and foremost have been injured in an accident in New York. You must also be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian who was struck by the vehicle. The person injured must be treated at a hospital or an authorized provider. You must also have suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely serious injuries that can have a devastating negative impact on the person's life. A New York injury lawyer can assist you if you've been injured in a major New York car accident.
A lawyer can assist with the legal process in a variety of ways following a serious auto accident. They can explain your legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They can also file a court case on your behalf against the person who caused the crash.
In the aftermath of a serious crash you could face massive medical bills, lost wages and other expenses. No-fault insurance will help with these costs as well, and you should seek out treatment after an accident, even if you feel fine.
If you're unable to return to work, no fault will pay for 80 percent of your wages lost up to $2,000 per month. It also covers the majority of your out-of-pocket expenses, including the cost of household help.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. You must show up for these appointments, because not attending could result in the denial of benefits retroactively.
Pure faults that are comparable
In many cases of car accidents plaintiffs may be liable in part or full for the incident. The law grants injured parties the right to be compensated in proportion to their share of the fault. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent.
In the case of a car crash the plaintiff's legal liability for the accident rests on showing two things such as negligence and causation. Negligence refers to breaking a law or committing an act with reckless carelessness. The causality is the manner in which the negligence caused the injury. To establish legal liability the plaintiff has to demonstrate the economic loss that result from their injuries such as medical bills, lost income and travel expenses for appointments. Non-economic losses are emotional trauma as well as suffering and pain.
New York is among the 13 states that have a strict comparative fault law, which means that injured parties could still be able to claim compensation even if they are partially responsible. If the claimant is found to be more than 50% at fault, then they are not able to claim damages. In this case it is essential to consult with a reputable attorney.
Comparative fault is applicable to nearly every personal injury or death case in which a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complicated in cases of wrongful deaths.
The concept of comparative blame is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will assist you to determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure that you get the maximum compensation possible for your injuries.
In addition, if have multiple defendants in your case the concept of joint and multiple liability could apply. This is a system that splits the judgment amongst all the defendants if the jury determines that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the highest compensation for your injuries.
Strategies of insurance companies
Car accidents can be stressful enough, and the aftermath can be more difficult. Injured victims often must deal with medical bills and a loss of income due to being in a position of no work and suffer from physical pain and emotional stress. They also have to think about whether they can afford rent and other expenses of daily living. They don't have to endure the stalling tactics used by insurance companies to get them to take low settlement offers.
Insurance companies exist to make money. They do this by denying or cutting your claims. Insurance companies will employ every method to deny you the compensation you deserve. This is why it is so important to hire an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will stand up to insurance companies and their shady tactics.
To save money, insurance companies will do anything they can to delay or stall your claim. They may also attempt 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 the result of a prior medical condition.
In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a trick that many people fall prey to. This offer is much lower than the amount you must pay to cover your medical expenses and other damage.
New York law requires that all drivers carry no-fault coverage. It is not unusual for people to sustain injuries while driving another's vehicle or in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving happens when a driver uses devices while driving to send or receive texts, make phone calls, or listen to music. 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
If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine who might be accountable for your injuries and damage. 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 the practice of operating a vehicle in a manner that poses a threat to the lives and safety of other motorists and pedestrians or riders on bicycles. In order to convict someone of this crime an officer of the police force must demonstrate more than mere carelessness or negligence. The officer must show that the driver was aware that their actions could result in an accident or place others in danger.
Even minor traffic violations can be deemed reckless driving in New York. Driving through a stop sign or red light could result in an accident that is serious. If an individual driver is found be driving recklessly, they could be found guilty of a misdemeanor and be subject to a fine or jail time.
Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, as well as substantial fines. This could cause driver's insurance rates to increase significantly. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is found guilty fairly.
The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and jail time. The severity of the penalty depends on a variety of factors like the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license.
An attorney for reckless driving who has experience can determine the causes of an accident and gather evidence to demonstrate your innocence. This could include witness statements, phone records to check whether the driver was distracted, photos and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum compensation for your injuries.