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. While the majority of them are simply fender benders, some can cause serious injuries. The injured party should immediately call 911 and seek medical care.
A New York car accident attorney can assist victims with legal issues after the crash. They can assist victims in obtaining compensation for medical bills and lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered by their insurance policies for automobiles. This includes medical costs, lost wages and other accident-related costs. This system has safeguarded the victims of car accidents from being burdened with out-of pocket costs. However it is crucial to know what it means.
To be eligible for No-Fault Insurance, you must meet some requirements. You must first and foremost be injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. In addition, you must have suffered a "serious injury."
Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely severe injuries that could have a significant negative impact on the victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.
In the aftermath of a serious auto crash, a lawyer can assist you in a variety of ways. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the driver who caused the accident.
After a serious car accident you could be faced with massive medical expenses, lost wages and other expenses. No-fault insurance is able to help with these costs as well, and you should seek treatment following an accident, even if you feel fine.
If you're unable to return to work, no-fault insurance will pay 80 percent of your lost wages up to $2,000 per month. It also covers a number of your out-of-pocket costs, including the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. You must attend these appointments, since failure to attend could result in a retroactive denial of benefits.
Purely Aurora injury attorney that are comparable
In a lot of car accident lawsuits, plaintiffs are partly or totally responsible for the accident. The law gives injured parties to recover damages in proportion to their share of fault. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault that a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two things to be legally accountable for the accident that is, negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly caused the injury. To establish legal liability plaintiffs must also demonstrate economic losses, including medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as suffering and pain.
New York is one of the 13 states with strict comparative fault laws which means that those who have suffered may still pursue recovery even if they are partially at the fault. If the claimant is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this situation it is essential to work with an experienced attorney.
Comparative fault can be applied to almost every personal injury or wrongful death case where the victim (or the descendants 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 very important to understand when making a claim for compensation after an accident in New York. Your lawyer will help you determine the severity of your own contribution to the accident, and work with insurance companies to ensure you receive 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 method which splits the verdict among all defendants in the event that the jury determines that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the most compensation possible for your injuries.
Insurance company tactics
Car accidents are stressful enough, and the aftermath can be even more difficult. The victims of injuries typically have to deal with medical expenses and loss of income from being unable to work, not to mention their physical pain and emotional distress. Rent and other expenses are also a major concern. They don't have to endure the strategies of stalling employed by insurance companies to convince them to accept low settlement offers.
The truth is that the majority of insurance companies are focused on making money, and they do this by denial or cutting 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 are seasoned in fighting for the rights car accident victims. Our attorneys will take on insurance companies and their sneaky tactics.
Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much as possible. They also try to keep the blame off by claiming that your injuries aren't related to the accident or do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for the crash.
In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a common trick that many people fall to. This offer is much lower than the amount you have to pay to cover medical expenses and other damage.
The law in New York requires all drivers to have no-fault insurance. However, it is not uncommon for people to get injured when driving or riding in another's vehicle. The most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving happens when a driver is using devices while driving to send or receive messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather.
Reckless driving
You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties that could be responsible for your injuries and losses. They may also file a claim or lawsuit against the driver to recover 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 drivers and pedestrians or riders on bicycles. To convict a person of this crime an officer of the police force must prove more than negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. For example, running an intersection with a stop sign could lead to an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and could face penalties such as fines or jail time.
Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. Those who are convicted of this offense will receive points added to their license and could be subject to massive fines. This could cause driver's insurance rates to rise substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is convicted on a fair basis.
New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and jail time. The severity of the penalty is contingent on a variety of factors such as the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction may also result in 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 show your innocence. The evidence could include witness statements as well as cell phone records to check for distracted driving, images 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 that are aimed at getting you the most compensation for your injuries.