New York Accident Lawyer: A Simple Definition
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. Some of these accidents can cause serious injuries, even if they are minor accidents. The injured party should call 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal requirements following the crash. They can help victims get compensation for medical expenses as well as lost income.
No-fault insurance
New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other accident-related costs. While this system has helped protect car accident victims from being buried due to expenses out of pocket, it is important to know exactly what it means and does not mean.
To qualify for No-Fault Insurance you must satisfy a few criteria. You must first and foremost have been injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by a licensed medical professional. You must have also suffered "a serious injury."
Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. All of these injuries are serious and can have a negative effect on the life of a victim. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get 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, perform an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident.
You could be required to pay astronomical medical bills, lost wages and other expenses following a serious car accident. No-fault insurance is able to cover these costs as well, and you should seek treatment after an accident, even though you feel fine.
If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It will also cover a large portion of the cost you incur out-of-pocket, including the cost of household help.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. The requirement to attend is that failing to attend could result in denial of benefits retroactively.
Pure faults that are comparable
In a majority of car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law grants injured parties the right to recover damages according to their percentage of fault. This is referred to as pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a person could be considered 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 the event of a car crash, the plaintiff must prove two things to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking the law or acting in reckless disregard. The causality is the way the negligence caused the injury. To demonstrate legal responsibility, the plaintiff must also show the economic losses caused by their injuries, like medical bills, lost income and travel expenses to appointments. Other non-economic losses include emotional trauma as well as suffering and pain.
New York is among the 13 states with a pure comparative fault law, which means that the injured party 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 barred from claiming damages. In this situation, it's important to consult with a reputable lawyer.
Comparative fault applies to almost any personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault can be a bit more complicated in wrongful death claims.
The principle of comparative fault is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will help you determine the severity of your own contribution to the accident and will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
In addition, if you have multiple defendants in your case, the concept of joint and numerous liability could be applicable. This is a system that divides the judgment between all defendants in the event that the jury determines that you are jointly and severally liable for the incident. This is a great method to ensure you get the maximum amount of compensation for your injuries.
The tactics of the insurance company
Car accidents are stressful enough, but the aftermath can be even more challenging. Injured victims often confront medical bills and a loss of income due to being unable to work, not to mention their physical pain and emotional distress. They also have to think about how they will pay rent and other daily expenses. They don't have to be subjected to the stalling tactics used by insurance companies to convince them to accept lower settlement offers.
The fact is, most insurance companies are focused on making money and do it by denying or reducing claims. Insurance companies will employ any strategy to prevent you from obtaining the amount you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies and their shady tactics.
In order to save money, insurance companies will do anything they can to delay or derail your claim. They may also attempt to keep the blame off by claiming that the injuries aren't directly related to the crash or do not require treatment. They may even argue that you have a prior medical issue that is responsible for your crash.
In some cases, the insurance adjuster will offer a settlement that appears reasonable. This is a trick that many people fall prey to. In reality, the price will be much 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 coverage. However, it is common for people to get injured while driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using 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 are drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car accident 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 liable for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover damages.
According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists in danger. In order to convict someone of this crime an officer of the police force must demonstrate more than mere negligence or recklessness. Escondido injury lawsuits means that the officer must prove that the driver was aware of their actions were likely to cause an accident or put others at risk.
Even minor traffic violations can be deemed reckless driving in New York. For instance driving through the red light or stopping sign could result in a serious accident and injury. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face penalties such as fines or jail time.
Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. If convicted of this crime will be subject to points added to their license and could face massive fines. This can cause a driver's insurance rates to rise significantly. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The laws governing reckless driving in New York are quite strict and can result in substantial penalties that include fines and jail time. The severity of the penalty depends on several factors including the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended.
An experienced reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence that will show your innocence. This could include witness statements as well as cellphone records to look for distracted driving, images and videos of the scene of the crash as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.