A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent event in New York City. Although the majority of them are fender benders, some can cause serious injuries. The injured party must immediately contact 911 and seek medical care.
A New York car accident lawyer can help victims with their legal issues after a crash. They can assist victims in obtaining compensation for medical expenses and lost income.
No-fault insurance
New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. This system has protected car accident victims against being weighed down by out-of-pocket expenses. However it is crucial that you understand what it means.
In order to qualify for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost, you must have been injured in an accident in New York. You must be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian who was struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. In addition you must have suffered an "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 severe injuries, and can have a profoundly negative impact on the life of the victim. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident.
A lawyer can assist with the legal process in numerous ways following a serious auto accident. They can explain your legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They can also file a court case on your behalf against the driver who caused the crash.
Following Miramar injury attorneys could face massive medical expenses, lost wages and other expenses. No-fault insurance is able to cover these costs as well, and you should seek treatment after an accident, even if you feel okay.
If you are unable to return to work, no fault will pay for 80 percent of your lost wages up to $2,000 per month. It also covers an important portion of the cost you incur out-of-pocket such as the cost of household help.
Insurance companies will often attempt to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that the absence of this could result in retroactive denials of benefits.
Purely faults that are comparable
In a majority of car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law allows injured parties to recover damages based on their percentage of the fault. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault, which limits the amount of fault a claimant can be deemed to have to disqualify them from financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent.
In a car accident, the plaintiff must prove two elements to be legally accountable for the accident: negligence and causality. Negligence is the violation of the law or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly caused the injury. To prove legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as pain and suffering.
New York is one of the 13 states that have absolute comparative fault laws, which means that those who have suffered can still seek recovery in the event that they are partly at fault. If the claimant is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this instance it is crucial to consult with a seasoned attorney.
Comparative fault applies to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is somewhat more complex in wrongful death claims.
The concept of comparative blame is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to ensure that you receive the maximum compensation for your injuries.
Joint and several liability can also be a possibility if there are multiple defendants. This is a system that divides the judgment between all defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is an excellent way to ensure you get the maximum amount of compensation 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 or suffer physical pain. Rent and other daily expenses are also a major concern. The last thing they need is to be subjected the tactics of a stalling insurance company trying to get them accept a settlement offer that is low.
Insurance companies exist to make money. They accomplish this by denial or cutting your claims. Insurance companies will employ every tactic possible to deny you the compensation you are entitled to. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will stand up to insurance companies and their sneaky tactics.
In order to save money insurance companies will do everything they can to delay or derail your claim. They may also attempt to avoid liability by arguing that the injuries aren't directly related to the crash or do not require treatment. They might even claim that your crash was caused by a previous medical condition.
In some instances, an insurance adjuster will come up with an amount for settlement that seems reasonable. This is a common trick that a lot of people fall to. The offer is significantly less than the amount you need to pay in order to cover your medical expenses and other damages.
New York law requires that all drivers carry no-fault coverage. However, it is not uncommon for people to get injured while driving or riding in another person's vehicle. The most frequent causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in investigating the crash to determine who may be accountable for your injuries and damages. They may also initiate a lawsuit or claim against the driver in order to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To find someone guilty the police officer must prove more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger.
In some cases, even a minor traffic violation could be viewed as a type of reckless driving in New York. Running a stop sign or red light can result in an accident that is serious. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor offense and face a fine or jail time.
Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will receive points added to their license and may be subject to large fines. This could lead to a driving's premiums rising significantly. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly.
The laws regarding reckless driving in New York are very strict and can result in substantial 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 can also result in the suspension of a driver's licence.
A reckless driving accident attorney who is experienced can determine the causes of an accident and gather evidence to show your innocence. The evidence could include witness statements and phone records to determine whether the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.