A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common occurrence in New York City. While most of them are just fender benders, some can cause serious injuries. The injured party should call 911 and seek medical attention right away.
A New York car accident lawyer can assist victims with their legal needs following the crash. They can help victims get compensation for medical expenses as well as 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 personal automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has safeguarded car accident victims against being burdened with out-of pocket costs. However it is essential to understand what it means.
To qualify for No-Fault Insurance you must satisfy certain requirements. First of all you must be injured in a car accident that took place in the state of New York. You must also be a driver, passenger in the vehicle insured, or a cyclist or pedestrian hit by the vehicle. The injured party also must be treated in a hospital or by a certified medical professional. You must also have suffered "a serious injury."
Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries that can have a profoundly negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident.
In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also file a court case on behalf of you against the driver who caused the accident.
You could be required to pay for astronomical medical expenses as well as loss of wages, and other costs following a serious accident. These costs can be covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if it seems like you're fine.
If you are unable to return work due to an injury, no fault insurance will pay up to $2,000 in lost wages per month. It will also cover the majority of the cost you incur out-of-pocket which includes the cost of household assistance.
Redwood City accident lawyer try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since the absence of this could result in retroactive denials of benefits.
Purely comparative fault
In a lot of car accident cases, the plaintiffs may be liable in part or full for the incident. The law allows the injured party to claim damages in proportion to the percentage of fault that can be given to them. This is called pure comparative negligence. Pure comparative fault differs 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 place the bar between 49 and 51 percent.
In a case involving a car accident the plaintiff's legal responsibility for the accident rests on showing two things that are causation and negligence. Negligence is the act of breaking an act of law, or committing a breach of the law with reckless negligence. The causality is the way the negligence caused the injury. To establish legal liability the plaintiff must demonstrate the economic loss resulted from their injuries, like medical bills, lost income and travel expenses to appointments. Non-economic losses are emotional trauma and suffering and pain.
New York is one of the 13 states with pure comparative fault laws, which means that injured parties can still seek recovery in the event that they are partly at fault. However, if the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance, it's important to consult a knowledgeable lawyer.
Comparative fault is applicable to any personal injury or wrongful-death case in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated 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 negotiate with insurance companies to secure the maximum amount of compensation for your injuries.
Joint and multiple liability may also apply if there are multiple defendants. This is a system which splits the verdict among all defendants in the event that the jury determines that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the most compensation for your injuries.
Insurance company tactics
Car accidents can be stressful enough, and the aftermath can be even more difficult. Injured victims are often faced with medical bills, loss of income due to not being able to work or suffer physical pain. Rent and other expenses are also a concern. The last thing they need is to be sucked into the tactics of a stalling insurance company trying to get them to accept a low settlement offer.
The fact is, most insurance companies are focused on making money and do this by denying or reduction of claims. Insurance companies will employ any method to stop you from receiving the amount you deserve. This is why it is essential to work with an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sneaky tactics.
Insurance companies will do all they can to delay your claim or slow the process to save as much as possible. They will also try to avoid accountability by arguing that your injuries are not related to the crash or that they don't require treatment. They might even claim that you suffer from a previous medical issue that is responsible for the crash.
In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a typical trick that a lot of people fall for. In reality, this offer is significantly less than the amount you will actually have to pay for your medical treatment and other damages.
The law in New York requires all drivers to have no-fault insurance. It is not uncommon for people to be injured while driving another's vehicle or in their own vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses 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 crashes include drunk driving, road conditions and weather conditions.
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 you investigate the crash to identify all parties who may be accountable 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 the act of operating a vehicle in a manner that endangers the lives and safety of others on the road and pedestrians on bicycles. To convict someone the police officer must prove more than just negligence or carelessness. This means that the police officer must show that the driver knew their actions could cause an accident or put others at risk.
In certain instances even a minor traffic offense could be viewed as a type of reckless driving in New York. For instance, running an intersection with a stop sign could lead to an accident that is serious and cause injury. If a driver is found driving recklessly, he or she may be convicted of misdemeanor charges and face fines or even jail time.
Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. If convicted of this offense will receive points added to their licenses and could be subject to massive fines. This could lead to a driving's premiums rising substantially. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner.
New York's reckless-driving laws are very strict and can result in severe penalties, including fines and jail time. The severity of a penalty depends on a variety of variables, such as the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
An attorney for reckless driving who is experienced will know how investigate the causes of an accident and gather evidence to demonstrate your innocence. This could include witness statements, phone records to check whether the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.