A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are common. 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 care.
A New York car accident lawyer can assist victims with their legal requirements after 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 own automobile insurance policies for medical, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried by cost-out-of-pocket, it is important to understand exactly what it means and does not mean.
To qualify for No-Fault Insurance you must satisfy a few criteria. First and foremost, you must be injured in an accident that occurred in New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist who was struck by the vehicle. The person injured must be treated in a hospital or an authorized provider. In addition you must have sustained an "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these injuries are severe and can have a negative impact on the life of a victim. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
After a serious auto accident An attorney can assist you in a number of ways. They can provide you with legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They can also make a court filing on behalf of you against the driver who caused the accident.
You could be required to pay for astronomical medical expenses along with lost wages and other expenses following a serious accident. These costs can be covered by no-fault insurance, and you should seek medical attention immediately following a car crash, even if it feels like you are fine.
If Orlando injury lawsuit cannot return to work due to an injury, no-fault insurance will cover up to $2,000 of lost wages 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 attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failure to do so may result in denial of benefits retroactively.
Purely faults that are comparable
In a lot of car accident cases, the plaintiffs may be partially or fully responsible for the accident. The law grants injured parties to recover damages in proportion to their share of the fault. This is referred to 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 make them ineligible for financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two things in order to be legally accountable for the accident: negligence and causality. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. Causation refers to the way in which the negligence directly contributed to the injury. To demonstrate legal responsibility, the plaintiff must also prove the economic damages that result from their injuries such as medical bills, lost income, and travel costs to appointments. Non-economic losses can include emotional trauma, suffering and pain.
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 claim compensation even if they are partially at fault. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this case it is crucial to work with an experienced attorney.
Comparative fault applies to any personal injury or wrongful-death situation in which the victim (or their heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in the case of wrongful death.
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 work with insurance companies to ensure that you receive the maximum compensation for your injuries.
In addition, if have several defendants in your case, the concept of joint and numerous liability could be applicable. This system splits the verdict between all defendants if a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries.
Strategies of insurance companies
Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries often must deal with medical expenses and loss of income from being incapable of working, not to mention their emotional and physical pain. 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 want is to be subjected to the tactics of a stalling insurance company that is trying to get them to accept a settlement offer that is low.
Insurance companies are in business to earn money. They accomplish this by denial or cutting your claims. Insurance companies will employ any strategy to prevent you from getting the compensation you deserve. This is why it is so important to hire an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will stand up to insurance companies and their devious tactics.
To save money, insurance companies will do whatever they can to delay or stall your claim. They may also attempt to avoid accountability by arguing that your injuries aren't caused by the crash or do not require treatment. They may even claim that your accident was caused by an earlier medical condition.
In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common tactic that many people fall prey to. In reality, this offer will be significantly lower than what you really need to pay for your medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance. However, it is not uncommon for people to become injured when driving or riding in a person's vehicle. Some of the most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving occurs when a driver is using a device to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify the parties liable for your injuries and losses. They can also make a claim or lawsuit against the driver in order to claim 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 pedestrians or riders on bicycles. To find someone guilty the police officer must prove more than just negligence or recklessness. The officer must show that the driver was aware that their actions could cause an accident or place others in danger.
In some instances, even a minor traffic infraction can be considered a form of reckless driving in New York. For instance driving through a red light or stop sign could result in an accident that is serious and cause injury. If a driver is caught driving recklessly, they may be convicted of misdemeanor charges and face fines or jail time.
Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and could face hefty fines. This could result in driver's premiums going up substantially. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is convicted fairly.
The laws governing reckless driving in New York are very strict and could result in severe penalties which include fines and even imprisonment. The severity of the penalty depends on a number of factors including the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence.
An experienced reckless accident lawyer will know how to find out the cause of a collision and gather evidence to prove your innocence. This could include witness statements and phone records to determine whether the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.