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 common. Certain accidents could cause serious injuries, even if they are just minor collisions. Anyone injured should dial 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal needs after an accident. They can help them obtain compensation for their medical bills and lost wages.
No-fault Insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This has helped protect car accident victims against having to pay out-of-pocket expenses. However, it is important to understand what it means.
To be eligible to benefit from No-Fault insurance, you have to meet certain requirements. First of all you must be injured in a motor vehicle accident that took place in the state of New York. You must be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian struck by the vehicle. The person injured must be treated in a hospital or by an authorized provider. Additionally you must have sustained an "serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these injuries are severe and could have a negative impact on a victim's life. 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.
A lawyer can assist with the legal process in a variety of ways following a serious auto accident. More Tips can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the negligent driver who caused the accident.
Following a serious car crash you could face huge medical bills, lost wages, and other expenses. No-fault insurance will help with these costs and other expenses, so you should seek out treatment after a crash, even if you feel okay.
If you're unable to return to work, no-fault insurance will cover 80 percent of your wages lost up to $2,000 per month. It will also cover a lot of your out-of-pocket costs, including the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. Attendance is mandatory, as failure to do so may result in retroactive denials of benefits.
Pure faults that are comparable
In a majority of car accident lawsuits, plaintiffs are partially or completely accountable for the incident. The law allows the injured party to claim damages according to the proportion of fault that can be assigned to them. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault, which limits the amount of fault that a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent.
In a car accident, the plaintiff must prove two elements to be legally accountable for the crash that is, negligence and causality. Negligence is the act of breaking a law, or acting with unreasonable negligence. The causality is the manner that the negligence led to the injury. To prove legal responsibility the plaintiff has to demonstrate the economic loss that result from their injuries like medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma as well as suffering and pain.
New York is one of the states that have strict comparative fault laws which means that injured parties may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this situation it is crucial to work with a knowledgeable attorney.
Comparative fault is applicable to nearly every personal injury or death case where a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is somewhat more complex in the case of wrongful death claims.
It is crucial to grasp the concept of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will help you determine the severity of your personal responsibility 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 several defendants in your case the concept of joint and multiple liability could apply. The system splits the verdict between all defendants if the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure you get the maximum amount of compensation for your injuries.
Insurance Company Tactics
Car accidents can be stressful enough, and the aftermath can be even more challenging. Victims of injuries are often faced with medical bills, lost income due to not being able to work or suffer physical discomfort. Rent and other expenses are also a concern. They don't need to be subjected to the stalling tactics used by an insurance company to get them to accept lower settlement offers.
Insurance companies exist to make money. They do this by refusing or reduce your claims. Insurance companies will employ every method to deny you the compensation you deserve. This is why it is essential to work with a New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' sneaky strategies.
In order to save money insurance companies will do anything they can to delay or derail your claim. They also try 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 claim that your crash was caused by a previous medical condition.
In some instances an insurance adjuster may determine an amount of settlement that appears reasonable. This is a typical trick that many people fall for. The offer is significantly less than the amount you'll have to pay to cover medical expenses and other damages.
New York law requires that all drivers carry no-fault coverage. However, it is common for people to get injured when driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions.
Reckless driving
If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine who could be accountable for your injuries and damage. They can also file a lawsuit or claim against the driver in order to claim damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists in danger. To find someone guilty the police officer has to prove more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. For example driving through an intersection with a stop sign could result in an accident that is serious and cause injury. If the driver is found to be recklessly driving, they could be found guilty of a misdemeanor crime and be subject to either a fine or jail sentence.
Unsuspecting driving can cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this offense can result in the addition of points to your license, as well as hefty fines. This could lead to a driving's premiums rising significantly. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is held accountable fairly.
The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and prison. The severity of a penalty depends on a variety of factors like the severity of the accident and if there were aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended.
A seasoned reckless accident lawyer will know how to determine the cause of a collision and gather evidence to demonstrate your innocence. The evidence could include witness statements, cell phone records to check for distracted driving, images and videos taken at the scene of the crash, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.