Do Not Make This Blunder With Your New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are a common occurrence. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should call 911 and seek medical attention as soon as possible.
A New York car accident attorney can help victims with their legal issues after an accident. They can help them obtain the compensation they need for medical expenses and lost wages.
No-fault Insurance
New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as cyclists and bicyclists are covered by their auto insurance policies. This includes medical costs, lost wages and other accident-related costs. While this system has helped protect car accident victims from being buried by expenses out of pocket It is crucial to understand exactly what it is and what it does not mean.
To be eligible for No-Fault insurance you must satisfy certain requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must also be a driver or passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. In addition you must have suffered a "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries that can have a profoundly negative impact on the life of the victim. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due.
Following a serious car accident A lawyer can help you in a number of ways. They can explain your legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They can also bring a lawsuit to court on your behalf against the driver who caused the accident.
Following a serious car crash, you may be facing astronomical medical expenses, lost wages and other costs. No-fault insurance will pay for these and other expenses, so you should seek treatment following a crash, even if you feel fine.
If you are unable to return to work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover an important portion of the cost you incur out-of-pocket 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 retroactive denials of benefits.
Purely comparative fault
In a lot of car accident cases, the plaintiffs may be partially or fully responsible for the incident. The law allows the injured party to claim damages according to the proportion of the blame that is given to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a claimant could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent.
In the case of a car crash the plaintiff's legal responsibility for the crash depends on showing two things: negligence and causation. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. The causality is the manner in which the negligence caused the injury. To establish legal liability the plaintiff has to prove the economic damages caused by their injuries, such as medical bills, lost income and travel expenses to appointments. Other non-economic losses include emotional trauma and pain and suffering.
New York is one of the 13 states that have pure comparative fault laws, which means that injured parties are still able to seek compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at the fault, they will be barred from recovering any damages. In this instance it is essential to work with an experienced attorney.
Comparative fault is applicable to any personal injury or wrongful-death instance in which the victim (or heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in wrongful death cases.
It is important to understand the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
Joint and several liability could also apply if there are multiple defendants. This is a system which splits the verdict among all the defendants if the jury determines that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents are stressful enough, but the aftermath can be even more challenging. Victims of injuries are often confronted with medical bills, loss of income due to being unable to work, and physical pain. They also have to worry about whether they can afford rent and other expenses of daily living. The last thing they want is to be sucked into the tactics of a stalling insurance company trying to get them to accept a settlement offer that is low.
Insurance companies exist to make money. They accomplish this by denial or cutting your claims. Insurance agents will use every tactic possible to deny you the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sly strategies.
In order to save money insurance companies will do anything they can to delay or stall your claim. Boston injury lawsuits try to avoid accountability by arguing that your injuries are not caused by the crash or that they don't require treatment. They might even claim that your accident was caused by an earlier medical condition.
In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a classic scam that a lot of people fall for. In reality, this offer is significantly less than what you actually need to pay for medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance. However, it is common for people to be injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver is using an electronic 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, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.
Reckless driving
You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help examine the crash to determine all parties that could be responsible for your injuries and losses. They may 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 a vehicle in a manner that endangers the lives and safety of other motorists and pedestrians on bicycles. To convict a person of this crime an officer of the police force must prove more than negligence or carelessness. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others at risk.
In certain instances even a minor traffic violation can be considered a form of reckless driving in New York. A violation of a stop sign, or a red light could cause an accident that is serious. If the driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and face a fine or jail time.
Incorrect 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 can result in a driving's premiums rising significantly. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner.
The laws regarding reckless driving in New York are extremely strict and could result in substantial penalties including fines and prison. The severity of the punishment depends on several factors such as the severity of the incident and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
An experienced reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence that will prove your innocence. This could include witness statements, phone records to check if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.