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. While the majority of them are collisions between cars, some may result in serious injuries. The injured party should immediately contact 911 and seek medical attention.
A New York car accident attorney can assist victims with legal issues after a crash. They can help victims obtain compensation for medical expenses and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical expenses, lost wages, and other related expenses. While this system has protected car accident victims from being buried due to cost-out-of-pocket, it is important to know what it is and what it does not mean.
To be eligible to benefit from No-Fault insurance, you have to meet certain requirements. First and foremost, you must have been injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. You must also have suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries, and can have a profoundly negative impact on the life of the victim. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident.
Following a serious car accident, a lawyer can assist you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the accident.
You may have to pay astronomical medical bills as well as loss of wages, and other costs after a serious auto accident. No-fault insurance is able to cover these costs as well, and you should seek treatment after a crash, even if you feel fine.
If you are unable to return to work, no-fault insurance will cover 80 percent of your lost wages up to $2,000 per month. It will also cover the majority of your out-of-pocket expenses such as the cost of household assistance.
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 of a comparative nature
In many cases of car accidents the plaintiffs could be held to be fully or partially responsible for the accident. The law permits the injured party to claim damages according to the percentage of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount a person could be found to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent.
In a car accident case, the plaintiff's legal responsibility for the crash depends on demonstrating two things: negligence and causation. Negligence is the act of breaking a law or committing an act with reckless carelessness. The causality is the way that the negligence led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses are emotional trauma as well as pain and suffering.
New York is among the 13 states with a pure 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 to be more than 50 percent at fault, they are not able to claim damages. In Plano injury lawsuits is essential to consult with a reputable lawyer.
Comparative fault applies to almost every personal injury or death case where a victim (or the heirs of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complex in wrongful death cases.
It is essential to comprehend the concept of comparative negligence when filing a compensation claim 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 receive the maximum compensation possible for your injuries.
Joint and multiple liability may also apply if there are multiple defendants. This system divides the verdict between all defendants when a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
Insurance company tactics
Car accidents are stressful enough, and the aftermath can be even more difficult. The injured victims are often confronted with medical bills, lost income due to inability to work or suffer physical pain. They also have to worry about whether they can afford rent and other expenses of daily living. They don't have to be subjected to the stalling tactics used by insurance companies to try and get them to take low settlement offers.
The reality is that most insurance companies are focused on making money and they do this by denial or reducing claims. Insurance agents will use every tactic possible to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will take on insurance companies and their devious tactics.
To save money, insurance companies will do everything they can to delay or stop your claim. They may also attempt to keep the blame off by claiming that the injuries are not related to the accident or do not require treatment. They might even claim that you had a prior medical condition that is to blame for the crash.
In certain cases the insurance adjuster might offer a settlement that appears reasonable. This is a common trick that a lot of people fall to. In reality, this offer will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages.
New York law requires that every driver have no-fault insurance. However, it is common for people to get injured while driving or riding in a person's vehicle. Some of the most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using devices to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can help you in investigating the crash to determine all parties that could be accountable for your injuries and damages. They may also bring a lawsuit or claim 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 others on the road and pedestrians or riders on bicycles. To convict someone the police officer has to prove more than mere negligence or carelessness. This means that the officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger.
In some cases even a minor traffic violation could be viewed as a type of reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor and face an indictment or a fine.
Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this offense can lead to the addition of points to your license as well as substantial fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ a New York reckless driving accident attorney to ensure that the driver is found guilty fairly.
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 depends on a variety of factors, such as the severity of the accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.
An experienced reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence that will show your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photos and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum amount of compensation for your injuries.