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 just minor collisions. The injured party should call 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal issues following a crash. They can assist victims in obtaining compensation for medical expenses and lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that all drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. While this system has protected car accident victims from being buried by cost-out-of-pocket but it is essential to know what it is and what it does not mean.
To be eligible for No-Fault insurance you must satisfy certain requirements. First and foremost, you must be injured in a vehicle accident that occurred within the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated at a hospital or an authorized provider. In addition, you must have suffered an "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 are serious and can have a negative effect on the life of a victim. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident.
A lawyer can help you with the legal process in many ways following a serious auto accident. They can provide you with legal options, conduct a thorough investigation and engage with the insurance company on your behalf. They can also file a lawsuit in court on your behalf against the driver responsible for the crash.
Gainesville injury attorney could be required to pay for astronomical medical expenses, loss of wages, and other costs following a serious car accident. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if it seems like you're fine.
If you're unable to return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It can also cover a large portion of your out-of-pocket expenses which includes the cost of household assistance.
Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as the absence of this could result in denial of benefits retroactively.
Pure comparative fault
In a lot of car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law gives injured parties to recover damages based on their percentage of the fault. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two things to be legally accountable for the accident that is, negligence and causality. Negligence is the violation of the law or acting with unreasonable negligence. The causality is the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Other 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 those who have suffered can still seek recovery in the event that they are partly at fault. If the claimant is found to be more than 50% at fault, they will be exempt from any claim for damages. In this instance it is essential to consult with a seasoned attorney.
Comparative fault is applicable to nearly any personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault is a bit more complicated in the case of wrongful death claims.
The concept of comparative blame is crucial to know when making an action for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum compensation for your injuries.
Joint and several liability can also be a possibility if there are several defendants. This is a method that divides the judgment between all defendants in the event that the jury finds that you are jointly and severally responsible for the incident. This is a great way to ensure you receive the maximum amount of compensation for your injuries.
Insurance company tactics
Car accidents are stressful enough, but the aftermath can be even more difficult. Injured victims are often confronted with medical bills, loss of income due to being unable to work or suffer physical pain. They also have to think about how they will pay rent and other expenses of daily living. They don't have to be subjected to the stalling tactics used by insurance companies to convince them to accept lower settlement offers.
The reality is that most insurance companies are in the business of making money and they do it by denying or reduction of claims. Insurance companies will employ every trick to deny you the compensation you deserve. This is why it's so important to hire an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will take on insurance companies' sly strategies.
In order to save money, insurance companies will do whatever they can to delay or derail your claim. They also try to avoid responsibility by claiming that your injuries are not directly related to the crash, or they do not require treatment. They could even argue that your accident was caused by a previous medical condition.
In some cases an insurance adjuster might determine an amount for settlement that seems reasonable. This is a typical method that a lot of people are enticed by. This offer is much lower than the amount you need to pay in order to cover your medical expenses and other damages.
New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or in their vehicle. Some of the most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver is using an electronic device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify all parties that could be accountable 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 the practice of operating the vehicle in a way that puts at risk the lives and safety of others on the road and pedestrians on bicycles. In order to convict someone of this crime an officer of the police force must show more than just carelessness or negligence. This means that the police officer must show that the driver was aware that their actions could cause an accident or put others in danger.
In some instances, even a minor traffic offense can be considered a form of reckless driving in New York. For example driving through a red light or stop sign could cause serious injuries and accidents. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and could face penalties such as fines or jail time.
Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime can lead to the addition of points to your license, and hefty fines. This can cause a driver's insurance rates to go up substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner.
New York's reckless driving laws are extremely strict and could lead to substantial penalties that include fines and jail time. The severity of a penalty depends on a number of factors like the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license.
A seasoned reckless driving accident lawyer knows how to determine the causes of a crash and gather evidence that will show your innocence. This evidence might include witness statements, cell phone records to check for distracted driving, images and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum amount of compensation for your injuries.