A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common event in New York City. While the majority of them are simply fender benders, some can cause serious injuries. The injured parties should immediately call 911 and seek medical care.
A New York car accident lawyer can help victims with their legal issues following an accident. They can help victims obtain compensation for medical bills and lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages, and other costs related to accidents. This system has safeguarded the victims of car accidents from being burdened with out-of pocket expenses. However it is essential to understand what it means.
In order to qualify for the benefits of No-Fault insurance, you have to meet certain criteria. You must first and foremost be injured in an accident that occurred in New York. You must also be a driver, passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The injured person must be treated in an accredited hospital or provider. You must also have suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. All of these injuries are severe and can have a negative impact on the victim's life. A New York injury lawyer can assist you if you've 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, conduct an extensive investigation, and engage with the insurance company on your behalf. They can also bring a lawsuit to court on your behalf against the negligent driver who caused the accident.
There is a chance that you will have to pay astronomical medical bills, loss of wages, and other costs following a serious accident. These costs can be paid for by no-fault insurance and you should seek medical attention immediately following a collision even if it seems like you are fine.
If you are unable return to work, no-fault will pay for 80 percent of your lost wages up to $2,000 per month. It will also cover a lot of your out-of-pocket costs, such as the cost of household assistance.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. The requirement to attend is that failure to do so may result in retroactive denials of benefits.
Pure faults of a comparative nature
In many cases of car accidents, the plaintiffs may be partially or fully responsible for the accident. The law permits injured parties to seek damages based on the percentage of fault that can be assigned to them. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount that a claimant may be deemed 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 rests on showing two things: negligence and causation. Negligence is the violation of a law, or committing an act of negligence that is unreasonable. Causation is the process by which the negligence directly caused the injury. To establish legal liability plaintiffs must also demonstrate economic losses, like medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses can include emotional trauma, pain and suffering.
New York is among the 13 states with a pure comparative-fault law, which means that those who are injured could still be able to seek compensation if they were partially at fault. However, if the person seeking compensation is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance it is crucial to work with an experienced attorney.
Comparative fault can be applied to any personal injury or wrongful-death situation in which the victim (or the heirs) have suffered mental or physical damages. However the concept of comparative fault is slightly more complicated in wrongful death cases.
The concept of comparative fault is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the maximum compensation for your injuries.
In addition, if have multiple defendants in your case, the concept of joint and multiple liability could apply. The system splits the verdict between all defendants if the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure that you receive the most compensation for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, and the aftermath can be even more difficult. Injured victims are often faced with medical bills, loss of income due to inability to go to work and physical pain. They also have to worry about whether they can cover rent and other daily expenses. The last thing they need is to be subjected the tactics of a stalling insurance company who is trying to convince them to accept a settlement offer that is low.
The reality is that most insurance companies are in the business of making money, and they do this by denial or reducing claims. Insurance companies will employ every trick to deny you the money you are entitled to. Pleasanton injury lawsuit is why it's crucial to find an New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will take on insurance companies and their shady tactics.
Insurance companies will do everything in their power to delay your claim or slow the process to save as much as possible. They may also attempt to avoid responsibility by arguing that your injuries aren't directly related to the crash or do not require treatment. They may even claim that your accident was caused by a previous medical condition.
In certain cases an insurance adjuster may come up with a settlement amount that seems reasonable. This is a classic method that a lot of people are enticed by. In reality, the price is significantly less than what you really need to pay for your medical treatment and other damages.
New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to get injured when driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver is using devices to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
You could 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 investigate the crash to identify all parties who may be responsible for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating the vehicle in a way that endangers the lives and safety of other motorists and pedestrians on bicycles. To convict someone of this crime, a police officer must prove more than carelessness or negligence. This means that the police officer must show that the driver was aware of their actions could cause an accident or put others at risk.
Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in serious accidents. If the driver is found to be recklessly driving, they could be found guilty of a misdemeanor offense and could face either a fine or jail sentence.
Unsuspecting driving can cause serious injuries to other drivers, pedestrians, and bicyclists. Those who are convicted of this offense will receive points added to their license and could face large fines. This could cause driver's insurance rates to increase substantially. It is important to hire an attorney in New York who will ensure the driver is convicted fairly.
The laws governing reckless driving in New York are extremely strict and could result in substantial penalties including fines and jail time. The severity of the penalty depends on a variety of factors, such as the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence.
An attorney for reckless driving who has experience will know how investigate the cause of an accident and gather evidence to demonstrate your innocence. This evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos captured 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 compensation for your injuries.