New York Accident Lawyer Explained In Fewer Than 140 Characters
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're minor accidents. The injured party should immediately contact 911 and seek medical attention.
A New York car accident attorney can assist victims with legal issues following a crash. They can help them obtain compensation for their medical bills and lost wages.
No-fault Insurance
New York is an insurance no-fault state. This means that all drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other related costs to an accident. This system has safeguarded the victims of car accidents from being burdened with out-of pocket costs. However it is essential to understand what it means.
To be eligible for No-Fault Insurance you must satisfy some requirements. First and foremost, you must be injured in a car accident that occurred within the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by a licensed provider. In addition, you must have suffered an "serious injury."
New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. All of these injuries are severe and can have a negative impact on the life of a victim. A New York injury lawyer can assist you if been injured in a serious New York car accident.
A lawyer can assist you with the legal process in numerous ways after a serious car accident. They can explain your legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the accident.
After a serious car accident you could face huge medical bills, lost wages, and other costs. No-fault insurance can help with these costs as well, and you should seek treatment after an accident, even though you feel fine.
If you are unable to return work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It can also cover the majority of your out-of-pocket expenses such as the cost of household help.
Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, because failure to attend could result in a retroactive denial of benefits.
Pure comparative fault
In a majority of car accident lawsuits, plaintiffs are partially or completely accountable for the incident. The law allows injured parties to receive damages based on their percentage of the fault. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault which caps the amount of fault that an individual claimant is deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two things to be legally accountable for the accident that is, negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation is the process by which the negligence directly caused the injury. To establish legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses include emotional trauma and suffering and pain.
New York is one of the 13 states with strict comparative fault laws which means that injured parties may still pursue recovery even if they are partially at the fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this instance it is crucial to work with an experienced attorney.
Comparative fault can be applied 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 cases of wrongful deaths.
The concept of comparative blame is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure you receive the maximum amount of compensation for your injuries.
Additionally, if you have several defendants in your case, the concept of joint and numerous liability may apply. This is a system that splits the judgment amongst all the defendants if the jury decides that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents are stressful enough, but the aftermath can be more difficult. Victims of injuries are often faced with medical bills, loss of income due to being unable to go to work and physical discomfort. Rent and other expenses are also a problem. The last thing they need is to be subjected to the tactics of an insurance company trying to get them to accept a settlement offer that is low.
The fact is, most insurance companies are focused on making money and do it by denying or reduction of claims. Insurance agents will use every method 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 have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies' devious tactics.
Insurance companies will do everything in their power to delay your claim or stall negotiations to save as much as possible. They will also try to avoid accountability by arguing that your injuries aren't caused by the crash or do not require treatment. They may even argue that you have a prior medical condition that is to blame for the crash.
In some cases, the insurance adjuster will offer a settlement that seems reasonable. This is a common tactic that many people fall to. This offer is much lower than the amount you need to pay in order to cover medical expenses and other damage.
New York law requires that every driver have no-fault insurance. It is nevertheless common for people to be injured while driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver uses an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify all parties that could be liable for your injuries and losses. They may also file a claim or lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that endangers the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone the police officer has to prove more than mere negligence or recklessness. This means that the officer must prove that the driver knew their actions could cause an accident or put others in danger.
In some instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. For instance driving through the red light or stopping sign could lead to an accident that is serious and cause injury. If an individual driver is found be driving recklessly, they could be convicted of a misdemeanor crime and face either a fine or jail sentence.
Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. Those who are convicted of this offense will have points added to their licenses and could be subject to massive fines. This can result in a driver's insurance premiums increasing significantly. It is essential to find an New York reckless driving accident attorney who will ensure that the driver is found guilty fairly.
The laws governing reckless driving in New York are extremely strict and could lead to substantial penalties that include fines and jail time. The severity of the penalty is contingent on a variety of factors including the severity of the accident 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.
Topeka injury attorneys driving accident attorney who is experienced will know how investigate the cause of an accident and gather evidence to prove your innocence. This could include witness statements, cell phone records to check for distracted driving, photos and videos from the scene of the accident, official medical reports, and toxicology reports. They will file and defend insurance claims or lawsuits to ensure you receive the maximum compensation for your injuries.