New York Accident Lawyer: A Simple Definition
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common incident in New York City. Although the majority of them are just fender benders, some can cause serious injuries. The injured party should immediately contact 911 and seek medical care.
A New York car accident lawyer can assist victims with their legal requirements after the crash. They can assist them 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 protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried by cost-out-of-pocket but it is essential to know exactly what it is and what it does not mean.
In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain 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 struck by the vehicle. The person injured must be treated in a hospital or by an authorized provider. You must be able to prove that you 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. These are all extremely serious injuries, and can have a devastating negative impact on the person's life. A New York injury lawyer can help you if you have been injured in a serious New York car accident.
Following a serious car accident A lawyer can help you in a variety of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also file a court case on behalf of you against the driver who caused the accident.
You could be required to pay astronomical medical bills, lost wages, and other expenses after a serious auto accident. These costs can be covered by no fault insurance, and you should seek treatment immediately following a collision, even if it feels as if you're in good shape.
If you are unable to return work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It will also cover a lot of your out-of-pocket costs, including the cost of household assistance.
Insurance companies will often attempt to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, since failing to do so could result in a retroactive denial of benefits.
Pure faults of a comparative nature
In a majority of car accident lawsuits, plaintiffs are partly or totally accountable for the incident. The law grants injured parties to be compensated based on their percentage of fault. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault which caps the amount of fault the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal responsibility for the accident rests on proving two things: negligence and causation. Negligence is the violation of the law or acting with unreasonable negligence. The cause of the accident is determined by the manner in which the negligence caused the injury. To establish legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as pain and suffering.
New York is among the 13 states with a pure comparative-fault law. This means that those who are injured can still claim compensation even if they are partially responsible. If the claimant is found to be more than 50% at fault, they are exempt from any claim for damages. In this instance, it is important to consult with a seasoned attorney.
Comparative fault can be applied to any personal injury or wrongful death case where the victim (or their heirs) have suffered mental or physical injuries. However the concept of comparative fault can be a bit 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 help you determine the severity of your own contribution to the accident, and work with insurance companies to ensure that you get the maximum compensation possible for your injuries.
Additionally, if you have multiple defendants in your case, the concept of joint and multiple liability may apply. This is a system that divides the judgment between all the defendants if the jury determines that you are jointly and multiplely responsible for the incident. Olathe injury attorney is a great method to ensure that you receive the most amount of compensation for your injuries.
The tactics of the insurance company
Car accidents can be stressful enough, but the aftermath can be more challenging. Injured victims often confront medical bills and a loss of income from being in a position of no work and suffer from emotional and physical pain. Rent and other expenses are also a major concern. The last thing they want is to be sucked into the stalling tactics of an insurance company that is trying to convince them to accept a settlement offer that is low.
The fact is, most insurance companies are in the business of making money and they do this by denial or reduction of claims. Insurance companies will employ every tactic possible to deny you the money you are entitled to. This is why it is so important to hire a 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 take on insurance companies' sly strategies.
In order to save money, insurance companies will do anything they can to delay or stall your claim. They may also attempt to keep the blame off by claiming that the injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you had a prior medical condition that is to blame for your crash.
In certain cases an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a trick that many people fall to. This offer is much lower than the amount you'll need to pay in order to cover medical expenses and other damage.
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 riding in their vehicle. The most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using a device while driving to send or receive texts or make phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions and weather 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 you determine the cause of the accident and identify all parties that could be liable for your injuries and losses. They can also bring a lawsuit or claim against the driver to recover your 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. To convict someone the police officer must prove more than just negligence or recklessness. This means that the police officer must prove that the driver was aware that their actions were likely to cause an accident or put others at risk.
Even minor traffic violations can be considered reckless driving in New York. For example driving at a red light or stop sign could cause an accident that is serious and cause injury. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or jail time.
Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this type of offense can result in the addition of points to your license, and hefty fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find a New York reckless driving accident attorney to ensure that the driver is found guilty on a fair basis.
New York's reckless-driving laws are very strict and can result in severe penalties, including fines and imprisonment. The severity of a penalty is contingent on a variety of variables, such as the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence to show your innocence. The evidence could include witness statements and phone records to determine whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.