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. Some of these accidents can cause serious injuries, even if they are minor accidents. Anyone injured should dial 911 and seek medical attention as soon as possible.
A New York car accident attorney can assist victims with their legal issues following a crash. They can help victims get compensation for medical bills and lost income.
No-fault insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other related expenses. This system has safeguarded car accident victims against being burdened with out-of pocket expenses. However, it is important that you understand what it means.
To be eligible for No-Fault insurance you must satisfy certain requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle insured, or a cyclist or pedestrian struck by the vehicle. The person injured must be treated in a hospital or by a certified medical professional. Additionally 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 serious injuries, and can have a devastating negative impact on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you're due.
A lawyer can help you with the legal process in many ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They can also file a court case on your behalf against the person who caused the accident.
There is a chance that you will have to pay for astronomical medical expenses as well as lost wages, and other expenses after a serious auto accident. No-fault insurance is able to pay for these and other expenses, so you should seek out treatment after a crash, even if you feel well.
If you cannot return to work due to an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It will also cover a large portion of your out-of-pocket costs which includes the cost of household help.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must attend these appointments, because not attending could result in the denial of benefits retroactively.
Pure faults that are comparable
In a lot of car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law grants injured parties to receive damages in proportion to their share of fault. Scottsdale is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant could be found to have in order to keep them from being eligible for financial compensation. Modified comparative fault states usually place the limit between 49 and 51 percent.
In a car accident case the plaintiff's legal liability for the accident rests on proving two things such as negligence and causation. Negligence is the violation of a law, or committing an act of negligence that is unreasonable. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses include emotional trauma and pain and suffering.
New York is one of the 13 states with absolute comparative fault laws, which means that the injured party are still able to seek compensation even when they are at fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this case it is crucial to consult a knowledgeable attorney.
Comparative fault can be applied to any personal injury or wrongful-death situation where the victim (or the 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 fault is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will work with insurance companies to ensure that you receive the maximum compensation for your injuries.
Joint and several liability can be used in the event of several defendants. This system splits the verdict among all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum compensation possible for your injuries.
Tactics of the Insurance Company
Car accidents are stressful enough, but the aftermath can be more difficult. The injured victims are often faced with medical bills, lost income due to not being able to work, and physical pain. Rent and other costs of daily living are also a concern. The last thing they want is to be subjected the tactics of an insurance company that is trying to convince them to accept a low settlement offer.
The truth is that the majority of insurance companies are in the business of 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 crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sly tactics.
In order to save money insurance companies will do everything they can to delay or stall your claim. They also try to avoid accountability by arguing that your injuries aren't directly related to the crash, or do not require treatment. They may even claim that your crash was caused by an earlier medical condition.
In some cases an insurance adjuster might come up with an amount for settlement that seems reasonable. This is a common trick that many people fall prey to. The offer is significantly less than the amount you need to pay in order to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for drivers to suffer injuries while driving another's vehicle or in their own vehicle. Some of the most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving happens when a driver is using devices to send or receive text messages, make phone calls or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather conditions.
Reckless driving
You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine all parties that might be responsible for your injuries and damages. 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 operating the vehicle in a way that endangers the lives and safety of others on the road and pedestrians or riders on bicycles. To convict someone of this crime, a police officer must show more than just carelessness or negligence. The officer must prove that the driver was aware that their actions could 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 an accident that is serious and cause injury. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face fines or jail time.
Unsuspecting driving can cause serious injuries to motorists, pedestrians and bicyclists. If convicted of this offense will have points added to their license and may be subject to massive fines. This could cause drivers' insurance rates to rise substantially. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is found guilty on a fair basis.
The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and imprisonment. The severity of a penalty depends on a variety of variables like the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license.
A reckless driving accident attorney who is experienced can determine the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements and cellphone records to look for distracted driving, images and videos from the scene of the crash as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.