A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are frequent. Although the majority of them are just fender benders, some can result in serious injuries. The injured party must immediately call 911 and seek medical attention.
Trenton injury attorneys can assist victims with legal issues after an accident. They can help them obtain compensation for medical expenses and lost wages.
No-fault insurance
New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is essential that you understand what it means.
To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. First and foremost, you must be injured in a car accident that occurred in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated at an accredited hospital or provider. Additionally you must have suffered a "serious injury."
Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. All of these are serious and can have a negative effect on the life of a victim. 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 car accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on behalf of you against the driver who caused the accident.
You could be required to pay astronomical medical bills along with loss of wages, and other costs after a serious auto accident. No-fault insurance can help with these costs as well, and you should seek treatment after a crash, even if you feel okay.
If you're unable to return to work, no fault will cover 80% of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket expenses, like the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. It is mandatory to attend, since failing to attend could result in denial of benefits retroactively.
Purely faults that are comparable
In many car accident cases, the plaintiffs may be liable in part or full for the incident. The law allows injured parties to seek damages according to the proportion of the blame that is assigned to them. This is referred to as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states generally 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 proving two things such as negligence and causation. Negligence is the act of breaking the law or acting with unreasonable negligence. The causality is the manner that the negligence led to the injury. To prove legal responsibility, the plaintiff must also prove the economic damages caused by their injuries, for example, medical bills, lost income, and travel costs to appointments. Non-economic losses can include emotional trauma, suffering and pain.
New York is among the 13 states with a pure 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 percent at fault, they are not able to claim damages. In this case it is essential to consult with a reputable lawyer.
Comparative fault is applicable to any personal injury or wrongful-death situation in which the victim (or heirs) have suffered mental or physical injuries. However the concept of comparative fault can be a bit more complicated in wrongful death cases.
It is important to understand the principle of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your own responsibility for the accident, and work with insurance companies to ensure that you receive the most compensation you can for your injuries.
Additionally, if you have several defendants in your case the concept of joint and numerous liability could be applicable. This system splits the verdict between all defendants when a jury finds you jointly and severally responsible for the accident. This is a great method to ensure you receive the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
The aftermath of a car crash can be just as stressful. The injured victims are often confronted with medical bills, lost income due to being unable to work or suffer physical pain. Rent and other expenses are also a concern. They don't need to endure the delay tactics employed by insurance companies to get them to take low settlement offers.
The truth is that the majority of insurance companies are in the business of making money and do this by denial or reducing claims. Insurance companies will employ every trick to deny you the compensation you are entitled to. This is why it is so important to hire an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sneaky strategies.
Insurance companies will do everything they can to delay your claim or stop the process to save as much money as possible. They will also try to avoid responsibility by claiming that your injuries aren't caused by the crash or do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for your crash.
In some cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a trick that many people fall prey to. The offer is significantly less than the amount you'll need to pay in order to cover your medical expenses and other damages.
The law in New York requires all drivers to have no-fault insurance. However, it is common for people to become injured when driving or riding in a person's vehicle. The most frequent causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving happens when a driver is using a device while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions.
Reckless driving
You could be entitled to compensation when you've 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 all parties that could be responsible for your injuries and damage. They may also make a claim or a lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as the act of operating the vehicle in a way that puts at risk the lives and safety of other motorists and people on foot or on bicycles. To find someone guilty, a policeman must show more than mere negligence or recklessness. This means that the police officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. For instance, running an intersection with a stop sign could result in serious injuries and accidents. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor offense and be subject to an indictment or a fine.
Reckless driving can cause severe injuries to pedestrians, other drivers and bicyclists. Those who are convicted of this offense will receive points added to their licenses and could face hefty fines. This could cause driver's insurance rates to go up significantly. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly.
The laws governing reckless driving in New York are very strict and can result in severe penalties, including fines and imprisonment. The severity of the penalty depends on a number of factors including the severity of an accident, as well as aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer will know how to find out the cause of a collision and gather evidence to show your innocence. This evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.