A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent incident in New York City. While most of them are fender benders, some can cause serious injuries. Lake Forest injury lawsuits www.youtube.com injured party must immediately call 911 and seek medical attention.
A New York car accident attorney can assist victims with legal issues after the crash. They can assist in obtaining compensation for medical expenses and lost wages.
No-fault insurance
New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. This has helped protect those who have been injured in car accidents from having to pay out-of-pocket expenses. However, it is important that you understand what it means.
To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain criteria. First of all you must have been injured in a motor vehicle accident that occurred within the state of New York. You must also be a driver, passenger in the vehicle insured, or a cyclist or pedestrian struck by the vehicle. The injured person must be treated in an accredited hospital or provider. In addition you must have sustained an "serious injury."
Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries that can have a devastating negative impact on the victim's life. A New York injury lawyer can assist you if been injured in a major New York car accident.
A lawyer can assist you with the legal process in many ways after a serious car accident. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also file a court case on your behalf against the driver who caused the accident.
After a serious car accident, you may be facing astronomical medical bills, lost wages, and other expenses. No-fault insurance will help with these costs as well, and you should seek treatment after a crash, even if you feel fine.
If you're unable to return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It will also cover an important portion of the cost you incur out-of-pocket, including the cost of household assistance.
Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, because failure to attend could result in the denial of benefits retroactively.
Pure comparative fault
In many car accident cases the plaintiffs could be partially or fully responsible for the accident. The law grants injured parties to receive damages in proportion to their share of the fault. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault that the claimant could be considered to have in order to disqualify them from financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent.
In a car accident the plaintiff must prove two things to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking a law or acting with reckless carelessness. Causation is the process by which the negligence directly led to the injury. To establish legal liability the plaintiff has to demonstrate the economic loss that result from their injuries such as medical bills, lost income and travel expenses to appointments. Non-economic losses are emotional trauma, suffering and pain.
New York is among the 13 states with a pure comparative fault law, which means that injured parties can still claim compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this instance it is crucial to consult a knowledgeable attorney.
Comparative fault can be applied to any personal injury or wrongful-death case where the victim (or the heirs) have suffered physical or mental damages. However the concept of comparative fault is a bit more complicated in the case of wrongful death claims.
The concept of comparative blame is essential to be aware of when making claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
In addition, if you have multiple defendants in your case, the concept of joint and multiple liability could apply. This is a system which splits the verdict among all defendants if the jury finds that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the highest amount of compensation for your injuries.
The tactics of the insurance company
Car accidents are stressful enough, and the aftermath can be more difficult. Victims of injuries often confront medical bills and a loss of income due to being unable to work in addition to their physical pain and emotional distress. Rent and other expenses are also a concern. They don't need to endure the delay tactics employed by insurance companies to convince them to accept lower settlement offers.
Insurance companies exist to make money. They do this by denying or reduce your claims. Insurance companies will employ any method to stop you from receiving the compensation you deserve. This is why it is crucial to find 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 the victims of car accidents. Our lawyers will take on insurance companies' sneaky tactics.
Insurance companies will do all they can to delay your claim or stall the negotiations in order to save as much money as possible. They will also try and avoid responsibility by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for your crash.
In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a common tactic that many people fall to. In reality, the price is significantly less than what you actually need to pay for your medical treatment and other damages.
New York law requires that all drivers have no-fault insurance. However, it is common for people to become injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using a device 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 accidents include drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you examine the crash to determine all parties who may be liable for your injuries and losses. They can also initiate a lawsuit or claim against the driver in order to recover 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 find someone guilty the police officer has to prove more than just negligence or recklessness. This means that the police officer must show that the driver knew 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 example driving at an intersection with a stop sign could result in serious injuries and accidents. If a driver is caught driving recklessly, they might be found guilty of misdemeanor charges and face fines or jail time.
Incorrect driving can cause serious injuries to motorists, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their licenses and may be subject to large fines. This can result in a driver's insurance premiums increasing significantly. It's important to hire an New York reckless driving accident attorney to ensure that the driver is found guilty on a fair basis.
The laws governing reckless driving in New York are quite strict and can lead to substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors including the severity of the crash and whether or not there were any 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 determine the cause of a collision and gather evidence to prove your innocence. This evidence could include witness statements and phone records to determine whether the driver was distracted, photos and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest amount of compensation for your injuries.