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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent incident in New York City. While the majority of them are just accidents that cause fender benders, a few can cause serious injuries. The injured party must immediately contact 911 and seek medical care.
A New York car accident lawyer can help victims with their legal requirements after the crash. They can assist in obtaining compensation for their medical bills 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 expenses, lost wages, and other related expenses. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is crucial to understand what it means.
To qualify for No-Fault Insurance, you must meet some requirements. First of all you must have been injured in a vehicle accident that took place in the state of New York. You Tube must be a driver or passenger in the vehicle insured, or a cyclist or pedestrian struck by the vehicle. The injured party must also be treated at a hospital or an authorized provider. You must be able to prove that you suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these are serious 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're due.
A lawyer can help you with the legal process in many ways following a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They may also make a court-filed lawsuit on your behalf against the driver responsible for the crash.
After a serious car accident you could face astronomical medical expenses, lost wages and other costs. These expenses are covered by no-fault insurance, and you should seek medical attention immediately following a car crash even if it seems like you are fine.
If you are unable to return to work, no-fault will pay for 80 percent of your lost wages 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 frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since failure to do so may result in denial of benefits retroactively.
Purely faults that are comparable
In a lot of car accident lawsuits, the plaintiffs are partly or totally accountable for the incident. The law grants injured parties the right to recover damages in proportion to their share of the fault. This is referred to as pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount a claimant may be deemed to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent.
In a car accident, the plaintiff must prove two elements to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking the law or acting with reckless carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To demonstrate legal responsibility, the plaintiff must also show the economic losses caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses are emotional trauma, suffering and pain.
New York is among the 13 states that have a strict comparative-fault law, which means that injured parties can still claim compensation even 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 case it is essential to work with an experienced attorney.
Comparative fault applies to almost every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault is slightly more complicated in wrongful death claims.
The principle of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident, and work with insurance companies to ensure that you get the most compensation you can for your injuries.
In addition, if have multiple defendants in your case the concept of joint and numerous liability could apply. This is a method that divides the judgment between all defendants in the event that the jury decides that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the most compensation possible for your injuries.
Insurance Company Tactics
The aftermath of a car accident can be as stressful. The injured victims are often confronted with medical bills, lost income due to inability to go to work and physical discomfort. Rent and other expenses are also a major concern. They don't need to endure the stalling tactics used by an insurance company to try and get them to accept lower settlement offers.
Insurance companies are in business to make money. They do this by refusing or cutting your claims. Insurance representatives will use any method to stop you from receiving the amount you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will stand up to insurance companies and their sneaky tactics.
Insurance companies will do everything they can to delay your claim or slow the process to save as much as possible. They also try to evade responsibilities by arguing that your injuries are not related to the crash or do not require treatment. They might even claim that you had a prior medical issue that is responsible for your crash.
In some cases, the insurance adjuster will offer a settlement 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.
The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to be injured while driving or riding in a person's vehicle. Some of 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, make phone calls, or listen to music. 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
If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine all parties that may be accountable for your injuries and the damages. They could also file a lawsuit or claim against the driver in order to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists at risk. To find someone guilty, a policeman must show more than just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.
Even minor traffic violations can be deemed reckless driving in New York. For instance driving through the red light or stopping sign could cause serious injuries and accidents. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face fines or jail time.
Reckless driving can cause severe injuries to pedestrians, drivers and bicyclists. If convicted of this offense will have points added to their license and could be subject to massive fines. This could result in driver's premiums going up substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is convicted fairly.
The laws regarding reckless driving in New York are very strict and can result in severe penalties, including fines and jail time. The severity of the penalty is contingent on a number of factors such as the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license.
A seasoned reckless driving accident lawyer knows how to determine the causes of a crash and gather evidence to show your innocence. The evidence could include witness statements as well as phone records to look for distracted driving, photographs and videos from the scene of the accident and official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest amount of compensation for your injuries.
