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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. Although the majority of them are just accidents that cause fender benders, a few can result in serious injuries. The injured parties should immediately contact 911 and seek medical care.
A New York car accident lawyer can help victims with their legal issues after an accident. They can help victims obtain compensation for medical expenses and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. While this system has protected car accident victims from being buried due to expenses out of pocket but it is essential to understand exactly what it does and does not mean.
To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost, you must have been injured in an accident in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. Additionally you must have sustained an "serious injury."
New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. All of these are serious and could have a negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident.
A lawyer can assist with the legal process in many ways after a serious car accident. They can explain your legal options, conduct a thorough investigation and engage with the insurance company on your behalf. They can also initiate a court action on behalf of you against the driver who caused the accident.
In the aftermath of a serious crash you could face astronomical medical bills, lost wages, and other costs. These expenses can be covered by no fault insurance, and you should seek medical attention immediately following a car crash, even if it feels as if you're in good shape.
If you are unable to return to work because of an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It will also cover the majority of the cost you incur out-of-pocket which includes the cost of household help.
Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, since not attending could result in the denial of benefits retroactively.
Pure faults that are comparable
In many car accident lawsuits plaintiffs are partly or totally accountable for the incident. The law grants injured parties to receive damages based on their percentage of fault. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault that the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two things to be legally responsible for the accident the other being negligence and causality. Negligence is the act of breaking a law or committing an act with unreasonable carelessness. Causation is the process by which the negligence directly led to the injury. To demonstrate legal responsibility the plaintiff must demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma, suffering and pain.
New York is one of the 13 states that have pure comparative fault laws, which means that those who have suffered can still seek recovery when they are at fault. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this instance, it is important to work with an experienced attorney.
Comparative fault can be applied to almost every personal injury or death case where a victim (or the heirs of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault can be a bit more complicated in the case of wrongful death claims.
The principle of comparative fault is essential to be aware of when making an action for compensation following an accident in New York. please click the next post will help you determine the severity of your own contribution to the accident, and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries.
Joint and several liability could also be a possibility if there are multiple defendants. This is a method that divides the judgment between all defendants in the event that the jury determines that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you receive the most compensation for your injuries.
Strategies of insurance companies
The aftermath of a car crash can be equally stressful. Injured victims often must deal with medical bills and a loss of income from being in a position of no work in addition to their physical pain and emotional stress. Rent and other costs of daily living are also a concern. The last thing they want is to be subjected to the tactics of a stalling insurance company that is trying to get them accept a settlement offer that is low.
Insurance companies are in business to make money. They accomplish this by denial or reducing your claims. Insurance agents will use every method to deny you the compensation you are entitled to. This is why it is essential to work with an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky strategies.
Insurance companies will do all they can to delay your claim or stall negotiations to save as much as possible. They may also attempt to evade responsibilities by arguing that your injuries are not caused by the crash or do not require treatment. They might even claim that the crash was caused by an earlier medical condition.
In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall prey to. In reality, this offer will be much lower than what you actually need to pay for your medical treatment and other damages.
New York law requires that all drivers have no-fault insurance. It is not unusual for people to suffer injuries while driving another's vehicle or in their own vehicle. The most frequent causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses an electronic device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties who may be responsible for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as operating an automobile in a manner that endangers the lives and safety of others on the road and pedestrians on bicycles. To convict someone the police officer must prove more than mere negligence or carelessness. This means that the police officer must prove that the driver was aware of their actions could cause an accident or put others at risk.
In some instances even a minor traffic infraction could be viewed as a type of reckless driving in New York. A violation of a stop sign, or a red light could cause serious accidents. If the driver is found to be driving recklessly, they may be found guilty of a misdemeanor offense and could face an indictment or a fine.
Incorrect driving can cause serious injuries to other motorists, pedestrians and bicyclists. If convicted of this offense will have points added to their license and could be subject to massive fines. This could lead to a driver's premiums going up significantly. It is essential to find an New York reckless driving accident attorney who will ensure that the driver is convicted in a fair manner.
The laws governing reckless driving in New York are very strict and could result in substantial penalties that include fines and jail time. The severity of the penalty is contingent on a number of factors including the severity of the crash and whether there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence.
An experienced reckless driving accident lawyer knows how to find out the cause of a collision and gather evidence that will show your innocence. The evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.