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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. While the majority of them are just collisions between cars, some may result in serious injuries. The injured party must immediately contact 911 and seek medical care.
A New York car accident attorney can assist victims with legal issues after an accident. They can help victims get compensation for medical bills 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 auto insurance policies. This includes medical costs, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried due to expenses out of pocket but it is essential to understand exactly what it does and does not mean.
To be eligible to benefit from No-Fault insurance, you must meet certain criteria. First and foremost, you must be injured in a car accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian struck by the vehicle. The injured person must be treated at an accredited hospital or provider. You must also have suffered "a serious injury."
Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries that can have a profoundly negative impact on the life of the victim. A New York injury lawyer can help you if you have been injured in a serious New York car accident.
After a serious auto accident, a lawyer can assist you in a variety of ways. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident.
You may have to pay astronomical medical bills, lost wages and other expenses following a serious car accident. No-fault insurance can pay for these, and you should always seek out treatment after an accident, even if you feel fine.
If you are unable to return work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It also covers an important portion of your out-of-pocket expenses such as the cost of household assistance.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. Cary accident attorney You Tube must show up for these appointments, since failure to attend could result in an appeal to the benefits.
Pure faults that are comparable
In many car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law allows injured parties the right to receive damages based on their percentage of the fault. This is known as pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount that a claimant could be found to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two things in order to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking a law or committing an act with reckless carelessness. Causation refers to the way in which the negligence directly contributed to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, such as 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 among the 13 states with a pure comparative-fault law. This means that the injured party may still be able to claim compensation even if they are partially responsible. If the claimant is found more than 50 percent at fault, they are barred from claiming damages. In this case it is essential to work with an experienced attorney.
Comparative fault can be applied to almost every personal injury or death case in which a victim (or the heirs of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complicated in wrongful death cases.
It is important to understand the principle of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own contribution to the accident, and work with insurance companies to ensure you receive the maximum amount of compensation for your injuries.
In addition, if have multiple defendants in your case the concept of joint and several liability could be applicable. This is a method which splits the verdict among all defendants if the jury finds 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.
Tactics of the Insurance Company
Car accidents are stressful enough, but the aftermath can be even more difficult. The injured victims are often faced with medical bills, loss of income due to inability to go to work and physical discomfort. They also have to think about whether they can cover rent and other expenses that are part of their daily lives. The last thing they need is to be subjected the stalling tactics of an insurance company that is trying to get them accept a low settlement offer.
Insurance companies are in business to make money. They accomplish this by denial or cutting your claims. Insurance agents will use every tactic possible to deny you the money you deserve. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will fight insurance companies' sly strategies.
To save money insurance companies will do anything they can to delay or stall your claim. They may also attempt to avoid liability by arguing that the injuries are not connected to the accident or that they do not require treatment. They might even claim that your accident was caused by an earlier medical condition.
In some instances an insurance adjuster might come up with an amount for settlement that seems reasonable. This is a trick that many people fall prey to. The offer is significantly less than the amount you must pay to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to suffer injuries while driving another person's car or in their own vehicle. The most frequent causes of accidents include 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 result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.
Reckless driving
You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine who may be responsible for your injuries and damage. They can also bring a lawsuit or claim against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating an automobile in a manner that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To convict someone the police officer must prove more than just negligence or carelessness. This means that the police officer must show that the driver was aware of their actions were likely to cause an accident or put others in danger.
In certain instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. A violation of a stop sign, or a red light can result in a serious accident. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines or even jail time.
Reckless driving can cause severe injuries to other drivers, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their licenses and could be subject to large fines. This could result in driving's premiums rising significantly. It is essential to find a 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 very strict and can result in severe penalties, including fines and jail time. The severity of the punishment depends on a variety of factors, including the severity of the crash and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended.
A reckless driving accident lawyer who has experience will know how investigate the cause of an accident and gather evidence to prove your innocence. This could include witness statements, cellphone records to look for distracted driving, images and videos from the scene of the accident 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 getting you maximum compensation for your injuries.