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 are just minor collisions. Anyone injured should dial 911 and seek medical attention as soon as possible.
A New York car accident attorney can assist victims with legal issues after an accident. They can help victims obtain compensation for medical expenses as well as lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages, and other accident-related costs. While this system has protected car accident victims from being buried by cost-out-of-pocket but it is essential to understand exactly what it does and does not mean.
In order to qualify to benefit from No-Fault insurance, you must meet certain criteria. You must first and foremost have been injured in an accident in New York. You must be a driver or passenger in the insured vehicle or a cyclist or pedestrian struck by the vehicle. The injured person must be treated in a hospital or an authorized provider. You must have also suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely severe injuries that can have a devastating negative impact on the person's life. A New York injury lawyer can assist you if you've been injured in a major New York car accident.
Following a serious car accident, a lawyer can assist you in a number of ways. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on your behalf against the driver who caused the accident.
You could be required to pay astronomical medical bills along with lost wages, and other expenses following a serious car accident. No-fault insurance is able to pay for these, and you should always seek out treatment after an accident, even if you feel well.
If you cannot return to work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers a large portion of your out-of-pocket costs which includes the cost of household help.
Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since failure to do so may result in retroactive denials of benefits.
Purely comparative fault
In a lot of car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law gives injured parties to be compensated in proportion to their share of the fault. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault a claimant can be deemed to have to exclude them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.
In the case of a car crash, the plaintiff's legal responsibility for the crash depends on demonstrating two things such as negligence and causation. Negligence is the act of breaking a law or acting with reckless carelessness. The causality is the manner in which the negligence caused the injury. To establish Fort Myers injury lawyers must also demonstrate economic losses, like medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses include emotional trauma and suffering and pain.
New York is among the 13 states that have a strict comparative-fault law, which means that injured parties may still be able to claim compensation even if they are partially responsible. If the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this instance it is crucial to consult with a reputable attorney.
Comparative fault is applicable to nearly every personal injury or death case where the victim (or the descendants of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complicated in wrongful death cases.
The concept of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will work with insurance companies to get you the most compensation for your injuries.
In addition, if you have several defendants in your case, the concept of joint and multiple liability could be applicable. This system divides the verdict between all defendants if the jury finds you jointly and severally liable for the accident. This is a great method to ensure that you get the maximum amount of compensation for your injuries.
The tactics of the insurance company
Car accidents can be stressful enough, and the aftermath can be more difficult. Injured victims often confront medical expenses and loss of income as a result of being incapable of working in addition to their physical pain and emotional distress. Rent and other expenses are also a problem. The last thing they want is to be subjected the stalling tactics of an insurance company that is trying to get them to accept a low settlement offer.
Insurance companies are in business to make money. They do this by denying or reduce your claims. Insurance companies will employ any tactic they can to prevent you from receiving the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will take on insurance companies and their shady tactics.
In order to save money, insurance companies will do everything they can to delay or stall your claim. They may also attempt to evade responsibilities by arguing that your injuries aren't related to the crash or do not require treatment. They may even claim that your crash was caused by an earlier medical condition.
In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a classic method that many people fall for. This offer is much lower than the amount you need to pay in order to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. However, it is not uncommon for people to become injured while driving or riding in a person's vehicle. The most frequent causes of accidents include reckless driving, distracted driving and speeding. Distracted driving happens when a driver uses a device to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you examine the crash to determine the parties responsible for your injuries and losses. They could also file a lawsuit or claim against the driver to recover damages.
The New York criminal code defines reckless driving as operating a vehicle in a manner that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To convict a person of this crime the police officer must show more than just negligence or carelessness. This means that the officer must prove that the driver knew their actions were likely to cause an accident or put others in danger.
Even minor traffic violations can be deemed reckless driving in New York. For example driving through the red light or stopping sign could cause a serious accident and injury. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor crime and could face a fine or jail time.
Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. A conviction for this type of offense can result in the addition of points to your license, as well as hefty 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 the driver is held accountable fairly.
The laws governing reckless driving in New York are very strict and could lead to substantial penalties, including fines and imprisonment. The severity of the punishment depends on a variety of factors such as the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving 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, phone records to check whether the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.