A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common incident in New York City. While the majority of them are collisions between cars, some may cause serious injuries. The injured party must immediately call 911 and seek medical care.
A New York car accident attorney can assist victims with legal issues following an accident. They can help them obtain 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 protected by their own auto insurance policies for medical, lost wages, and other related expenses. While this system has protected car accident victims from being buried by out-of-pocket costs, it is important to know what it means and 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 motor vehicle accident that occurred within the state of New York. You must be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The injured person must be treated in a hospital or an authorized provider. In addition, you must have suffered an "serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely serious injuries, and can have a profoundly 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.
After Lowell injury lawyer can assist you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and bargain with the insurance company on your behalf. They can also file a court case on your behalf against the driver who caused the crash.
In the aftermath of a serious crash, you may be facing massive medical bills, lost wages, and other expenses. No-fault insurance will cover these costs and other expenses, so you should seek out treatment after an accident, even though you feel okay.
If you are unable return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It can also cover a large portion of your out-of-pocket expenses which includes the cost of household assistance.
Insurance companies will often 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 the denial of benefits retroactively.
Purely comparative fault
In many car accident lawsuits, plaintiffs are partly or totally accountable 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 is different from modified comparative, which limits the amount a person could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent.
In a case involving a car accident the plaintiff's legal liability for the accident rests on showing two things: negligence and causation. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. The causality is the way the negligence caused the injury. To prove legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses can include emotional trauma, pain and suffering.
New York is one of the states that have strict comparative fault laws which means that injured parties can still seek recovery if they are partially at fault. However, if the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this case, it's important to consult with a reputable attorney.
Comparative fault applies to any personal injury or wrongful death situation in which the victim (or their heirs) have suffered mental or physical damages. However the concept of comparative fault is somewhat more complex in wrongful death claims.
The concept of comparative blame is very important to understand when making claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and will work with insurance companies to ensure that you get the most compensation you can for your injuries.
Joint and multiple liability may also apply if there are multiple defendants. This system divides the verdict between all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation for your injuries.
The tactics of the insurance company
Car accidents are stressful enough, and the aftermath can be more challenging. The victims of injuries typically confront medical bills as well as a loss of income due to being unable to 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 subjected to the tactics of an insurance company that is trying to convince them to accept a settlement offer that is low.
Insurance companies are in business to earn money. They do this by refusing or cutting your claims. Insurance companies will employ any method to stop you from obtaining the amount you deserve. It is essential to find 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 of car accident victims. Our attorneys will stand up to insurance companies and their devious tactics.
To save money insurance companies will do everything they can to delay or derail your claim. They also try to avoid responsibility by arguing that the injuries aren't directly related to the crash or that they do not require treatment. They might even claim that you suffer from a previous medical condition that is the reason for your crash.
In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a common tactic that many people fall prey to. This offer is much lower than the amount you must pay to cover medical expenses and other damages.
The law in New York requires all drivers to carry no-fault insurance. However, it is common for people to be injured while driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver is using a device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather.
Reckless driving
You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify the parties liable for your injuries and losses. They can also make a claim or lawsuit against the driver to collect damages.
The New York criminal code defines reckless driving as the act of operating an automobile in a manner that poses a threat to the lives and safety of others on the road and pedestrians or riders on bicycles. To find someone guilty, a policeman must show more than just negligence or carelessness. This means that the police officer must prove that the driver was aware of their actions could cause an accident or put others in danger.
Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light could cause serious accidents. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or jail time.
Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. A conviction for this offense can result in the addition of points to your driver's license, and hefty fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The reckless driving laws in New York are extremely strict and could result in substantial penalties that include fines and jail time. The severity of the penalty depends on a variety of factors including the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
An attorney for reckless driving who has experience can determine the root of the accident and gather evidence to prove your innocence. This could include witness statements and cell phone records to check for distracted driving, photographs and videos from the scene of the accident and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.