A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular incident in New York City. Certain accidents could cause serious injuries even if they're minor accidents. The injured party must immediately call 911 and seek medical attention.
A New York car accident lawyer can help victims with their legal requirements after the crash. They can assist them in obtaining the compensation they need 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 covered by their own automobile insurance policies for medical, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried due to out-of-pocket costs, it is important to know what it means and does not mean.
In order to qualify for the benefits of 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 passenger, driver or pedestrian of the insured vehicle. The injured party must also be treated at an accredited hospital or provider. Additionally you must have sustained a "serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries, and can have a profoundly 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.
A lawyer can help you with the legal process in a variety of ways following a serious car accident. They can provide you with legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They may also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident.
You may have to pay astronomical medical bills along with lost wages and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a car crash, even if it feels like you are fine.
If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It also covers a number of your out-of-pocket costs, including the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. The requirement to attend is that the absence of this could result in retroactive denials of benefits.
Pure faults that are comparable
In a lot of car accident cases the plaintiffs could be partially or fully responsible for the accident. The law permits the injured party to claim damages in proportion to the percentage of the blame that is attributable to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which caps the amount of fault that a claimant can be deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent.
In a case involving a car accident, the plaintiff's legal responsibility for the accident rests on proving two things that are causation and negligence. Negligence refers to breaking the law or acting in reckless disregard. Causation is the process by which the negligence directly contributed to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, like medical expenses, lost income and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma and pain and suffering.
New York is among the 13 states that have a strict comparative-fault law. This means that the injured party can still claim compensation even if they are partially responsible. If the claimant is found to be more than 50% at fault, they will be disqualified from claiming damages. In this situation it is crucial to work with an experienced attorney.
Comparative fault is applicable to nearly every personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered physical or emotional damages. However the concept of comparative fault can be somewhat more complex in wrongful death claims.
It is crucial to grasp the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
Joint and multiple liability may also apply if there are several defendants. This is a method that splits the judgment amongst all defendants if the jury finds that you are jointly and severally liable for the incident. This is a great method to ensure that you receive the highest compensation possible for your injuries.
Insurance Company Tactics
The aftermath of a car crash can be as stressful. Injured victims are often faced with medical bills, lost income due to not being able to work, and physical pain. They also have to think about whether they can afford rent and other expenses of daily living. Hawthorne accident attorneys need is to be sucked into the stalling tactics of an insurance company trying to get them to accept a low settlement offer.
Insurance companies are in business to make money. They do this by denying or reducing your claims. Insurance companies will employ every method to deny you the compensation 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 stand up to insurance companies and their sneaky tactics.
To save money, insurance companies will do anything they can to delay or derail your claim. They will also try to avoid accountability by arguing that your injuries aren't caused by the crash or they do not require treatment. They may even argue that you suffer from a previous medical condition that is the reason for your crash.
In some instances an insurance adjuster may arrive at a settlement amount that seems reasonable. This is a common tactic that many people fall to. The offer is significantly less than the amount you'll have to pay to cover your 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 be injured while driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes for accidents. Distracted driving happens when a driver uses a device to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes are drunk driving, road conditions and weather conditions.
Reckless driving
You could 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 you investigate the crash to identify all parties who may be accountable for your injuries and losses. They could also initiate a lawsuit or claim against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that poses a threat to the lives and safety of others on the road and people on foot or on bicycles. To find someone guilty the police officer must prove more than just negligence or recklessness. This means that the officer must show that the driver knew their actions could cause an accident or put others at risk.
Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light could result in an accident that is serious. If a driver is found driving recklessly, he or she could be found guilty of misdemeanors and be subject to fines or even jail time.
Unsuspecting driving can cause serious injuries to cyclists, pedestrians, and motorists. Those who are convicted of this offense will have points added to their licenses and may be subject to massive fines. This can cause a driver's insurance rates to rise significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is found guilty in a fair manner.
The laws governing reckless driving in New York are very strict and could lead to substantial penalties which include fines and even imprisonment. The severity of the penalty is contingent on a variety of factors, including the severity of the crash and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence.
A reckless driving accident attorney who has experience will be able to determine the cause of an accident and gather evidence to prove your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum compensation for your injuries.