A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent occurrence in New York City. While most of them are simply accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately contact 911 and seek medical attention.
A New York car accident attorney can help victims with their legal issues following an accident. They can assist in obtaining compensation for medical expenses and lost wages.
No-fault insurance
New York is a no-fault insurance state which means that drivers, 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 protected the victims of car accidents from being weighed down by out-of-pocket expenses. However it is essential to understand what it means.
To be eligible for No-Fault insurance, you must meet a few criteria. You must first and foremost have been injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party must also be treated in an accredited hospital or provider. In addition you must have sustained an "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 devastating negative impact on the person's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve.
Following a serious car accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also make a court-filed lawsuit on behalf of you against the negligent driver responsible for the crash.
After a serious car accident, you may be facing huge medical expenses, lost wages and other costs. No-fault insurance will help with these costs as well, and you should seek treatment following an accident, even if you feel well.
If you're unable to return to work, no-fault will pay for 80 percent of your wages lost up to $2,000 per month. It can also cover many of your out-of-pocket costs, including the cost of household assistance.
Insurance companies will often attempt to deny your no-fault coverage 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.
Pure faults of a comparative nature
In many cases of car accidents the plaintiffs could be held to be fully or partially responsible for the incident. The law grants injured parties the right to recover damages in proportion to their share of blame. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount that a claimant could be considered to have to prevent them from being eligible for financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent.
In a case involving a car accident the plaintiff's legal liability for the accident is contingent upon proving two things such as negligence and causation. Negligence is the act of breaking a law or committing an act in reckless disregard. Causation refers to the way in which the negligence directly contributed to the injury. To establish legal liability, plaintiffs must also show economic losses, including medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses are emotional trauma, pain and suffering.
New York is one of the states that have pure 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% at fault, they are exempt from any claim for damages. In this situation it is essential to work with a knowledgeable lawyer.
Comparative fault can be applied to any personal injury or wrongful death instance in which the victim (or the heirs) have suffered mental or physical injuries. However, the concept of comparative fault is a bit more complicated in the case of wrongful death claims.
The principle of comparative fault is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure you receive the maximum compensation possible for your injuries.
Joint and several liability can be used in the event of multiple defendants. This system divides the verdict among all defendants if a jury finds that you are jointly and severally responsible for the accident. Broken Arrow injury lawyers is a great method to ensure you receive the most compensation for your injuries.
Strategies of insurance companies
Car accidents are stressful enough, and the aftermath can be even more challenging. Victims of injuries often must deal with medical bills and a loss of income as a result of being in a position of no work and suffer from physical pain and emotional distress. They also have to worry about how they will pay rent and other daily expenses. The last thing they need is to be subjected to the tactics of an insurance company who is trying to convince them to accept a settlement offer that is low.
The truth is that the majority of insurance companies are in the business of making money, and they do this by denial or reduction of claims. Insurance agents will use every tactic possible to deny you the money 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 experienced in fighting for the rights car accident victims. Our lawyers will fight insurance companies' devious strategies.
To save money, insurance companies will do anything they can to delay or stall your claim. They may also attempt to avoid accountability by arguing that your injuries are not directly related to the crash, or that they don't require treatment. They might even claim that you had a prior medical condition that is to blame for your crash.
In certain cases the insurance adjuster might offer a settlement that seems reasonable. This is a classic trick that a lot of people fall for. In reality, this offer 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 coverage. However, it is not uncommon for people to get injured when driving or riding in another's vehicle. The most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving occurs when a driver uses a device while driving to send or receive texts or make phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes are 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 assist you determine the cause of the accident and identify the parties accountable for your injuries and losses. They can also file a claim or lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that poses a threat to the lives and safety of other drivers and people on foot or on bicycles. To convict someone of this crime, a police officer must show more than just negligence or recklessness. This means that the officer must prove that the driver was aware of their actions could cause an accident or put others in danger.
In certain instances, even a minor traffic infraction can be considered a form of reckless driving in New York. For instance driving at an intersection with a stop sign could result in an accident that is serious and cause injury. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or jail time.
Incorrect driving can cause serious injuries to motorists, pedestrians and bicyclists. Anyone who is found guilty of this offense will have points added to their license and may be subject to hefty fines. This can result in a driver's insurance premiums increasing substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and jail time. The severity of the penalty depends on several factors including the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence.
A reckless driving accident lawyer with experience will know how investigate the causes of an accident and gather evidence to demonstrate your innocence. This could include witness statements, cell phone records to check for distracted driving, photographs and videos taken at the scene of the crash and official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest compensation for your injuries.
