A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are a common occurrence. While most of them are just accidents that cause fender benders, a few can cause serious injuries. The injured party should call 911 and seek medical attention immediately.
A New York car accident lawyer can help victims with their legal issues following an accident. They can help victims obtain compensation for medical expenses and lost income.
No-fault insurance
New York is an insurance no-fault state. This means that all drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. While this has helped to protect car accident victims from being buried by cost-out-of-pocket, it is important to know exactly what it means and does not mean.
To be eligible to benefit from No-Fault insurance, you must meet certain requirements. In the first place you must have been injured in a car accident that occurred in the state of New York. You must be a driver or passenger in the insured vehicle or a pedestrian or bicyclist who was struck by the vehicle. The person injured must be treated in an accredited hospital or provider. Additionally 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 serious injuries that could have a significant negative impact on the life of the victim. If you’ve been injured in an New York car accident, an experienced New York Phoenix injury lawyer attorney can assist you in getting the compensation that you deserve.
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, conduct an in-depth investigation and engage with the insurance company on your behalf. They can also bring a lawsuit to court on your behalf against the driver who caused the accident.
After a serious car accident you could face massive medical expenses, lost wages and other costs. No-fault insurance can help with these costs and other expenses, so you should seek treatment following a crash, even if you feel okay.
If you are unable to return work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It can also cover many of your out of pocket expenses, like the cost of household assistance.
Insurance companies frequently try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, since not attending could result in an appeal to the benefits.
Pure comparative fault
In a lot of car accident cases the plaintiffs could be partially or fully responsible for the incident. The law grants injured parties to recover damages based on their percentage of the fault. This is referred to as pure comparative negligence. Pure comparative is different from modified comparative, which limits the amount a person may be deemed to have in order to keep the claimant from obtaining financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent.
In a car accident case the plaintiff’s legal responsibility for the accident rests on showing two things such as negligence and causation. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. The causality is the way the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses include emotional trauma, pain and suffering.
New York is one of the 13 states that have pure comparative fault laws, which means that those who have suffered may still pursue recovery even if they are partially at the 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 essential to work with a skilled attorney.
Comparative fault applies to any personal injury or wrongful-death situation in which the victim (or heirs) have suffered physical or mental damages. However, the concept of comparative fault can be somewhat more complex in wrongful death cases.
It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will negotiate with insurance companies to ensure that you receive the maximum compensation for your injuries.
Additionally, if you have several defendants in your case, the concept of joint and numerous liability may apply. This system splits the verdict between all defendants if the jury finds you jointly and severally responsible for the accident and injury lawyers. This is a great way to ensure that you receive the most compensation for your injuries.
Insurance Company Tactics
Car accidents can be stressful enough, but the aftermath can be more challenging. Victims of injuries often confront medical bills as well as a loss of income as a result of being in a position of no work in addition to their physical pain and emotional stress. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. The last thing they need is to be subjected to the tactics of an insurance company that is trying to get them to accept a low settlement offer.
The reality is that most insurance companies are in the business of making money and they do this by denial or reduction of claims. Insurance agents will employ every method to stop you from obtaining the compensation you deserve. This is why it’s so important to hire 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 the victims of car accidents. Our attorneys will fight insurance companies and their devious tactics.
In order to save money insurance companies will do everything they can to delay or stop your claim. They may also attempt to keep the blame off by claiming that your injuries aren’t directly related to the crash or that they do not require treatment. They may even argue that you have a prior medical condition that is to blame for the crash.
In certain cases an insurance adjuster might determine an amount for settlement that seems reasonable. This is a typical trick that many people fall for. In reality, the price will be significantly lower than the amount you will actually have to pay for medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to be injured while driving another person’s car or in their vehicle. Some of the most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses devices while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions and weather.
Reckless driving
You may be entitled compensation when you’ve been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify all parties that could be accountable for your injuries and losses. They can also file a claim or lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as operating an automobile in a manner that puts at risk the lives and safety of other motorists and pedestrians or riders on bicycles. To find someone guilty the police officer must prove more than just negligence or recklessness. This means that the officer must prove that the driver was aware that 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 cause a serious accident. If a driver is caught driving recklessly, they may be convicted of misdemeanors and be subject to fines or jail time.
Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. Anyone who is found guilty of this offense will receive points added to their licenses and could face massive fines. This could cause drivers’ insurance rates to increase substantially. It is crucial to employ an New York reckless driving accident attorney who will ensure the driver is convicted in a fair manner.
New York’s reckless driving laws are quite strict and can result in substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of factors like the severity of the accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver’s license.
An experienced reckless driving accident lawyer knows how to investigate the causes of a crash and gather evidence that will show your innocence. This could include witness statements and phone records to look for distracted driving, images and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.
