A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent event in New York City. While most of them are just collisions between cars, some may result in serious injuries. The injured party should call 911 and seek medical attention as soon as possible.
A New York car accident lawyer can assist victims with their legal requirements after the crash. 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 motorists passengers, pedestrians and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other incident-related expenses. While this system has protected car accident victims from being buried by out-of-pocket costs It is crucial to understand exactly what it means and does not mean.
To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost you must have been injured in a vehicle accident that occurred within the state of New York. You must also be a driver, passenger in the vehicle that is 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. Additionally you must have sustained an "serious injury."
Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. All of these injuries are serious and can have a negative effect on a victim's life. A New York injury lawyer can help you if you have been injured in a serious New York car accident.
A lawyer can assist with the legal process in a variety of ways following a serious car accident. They can explain your legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They can also initiate a court action on your behalf 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 will cover these costs, and you should always seek treatment following an accident, even if you feel fine.
If you cannot return to work because of an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It can also cover many of your out-of-pocket expenses, like the cost of household assistance.
Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since failing to attend could result in retroactive denials of benefits.
Purely comparative fault
In many car accident cases the plaintiffs could be held to be fully or partially responsible for the incident. The law grants injured parties to receive damages in proportion to their share of the fault. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault which limits the amount of fault that the claimant could be considered to have to disqualify them from financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent.
In a car accident case, the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence refers to breaking the law or acting in reckless disregard. Peoria injury lawsuit of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income and travel expenses that result 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 injured parties may still be able to seek compensation if they were partially responsible. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this instance, it's important to work with a knowledgeable attorney.
Comparative fault applies to almost every personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in wrongful death cases.
The principle of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will collaborate with the insurance companies to secure the most compensation for your injuries.
Additionally, if you have several defendants in your case the concept of joint and several liability may apply. This system divides the verdict between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure you receive the maximum amount of compensation for your injuries.
The tactics of the insurance company
The aftermath of a car crash can be just as stressful. Victims of injuries are often faced with medical bills, loss of income due to inability to work, and physical pain. They also have to think about whether they can afford rent and other expenses of daily living. They don't have to be subjected the stalling tactics used by insurance companies to convince them to accept low settlement offers.
The fact is, most insurance companies are in the business of making money, and they do this by denying or reducing claims. Insurance representatives will use any method to stop you from obtaining 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 fight insurance companies' devious tactics.
In order to save money, insurance companies will do everything they can to delay or stop your claim. They also try to avoid responsibility by arguing that the injuries aren't related to the accident or 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 instances the insurance adjuster might offer a settlement that seems reasonable. This is a classic method that a lot of people fall for. In reality, this offer will be much lower than the amount you will actually have to pay for your medical treatment and other damages.
New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to be injured while driving another person's car or riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving happens when a driver is using devices to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. 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 determine the cause of the accident and identify the parties liable for your injuries and losses. They may also make a claim or lawsuit against the driver to claim damages.
The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that poses a threat to the lives and safety of others on the road and pedestrians or riders on bicycles. To convict a person of this crime an officer of the police force must demonstrate more than mere negligence or recklessness. 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 considered reckless driving in New York. Driving through a stop sign or red light can result in an accident that is serious. If a driver is found driving recklessly, he or she might be found guilty of misdemeanors and be subject to fines or even jail time.
Unsuspecting driving can cause serious injuries to pedestrians, other drivers and bicyclists. Anyone who is found guilty of this offense will receive points added to their license and could be subject to massive fines. This can result in a driver's insurance premiums increasing significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly.
New York's reckless-driving laws are very strict and can result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors like the severity of an accident, as well as aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license.
A reckless driving accident attorney who has experience will be able to determine the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements as well as cell phone records to check for distracted driving, photos and videos from the scene of the crash and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.