A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular event in New York City. While most of them are just accidents that cause fender benders, a few can result in serious injuries. Anyone injured should dial 911 and seek medical attention immediately.
A New York car accident attorney can assist victims with their legal issues after the crash. They can help them obtain compensation for medical expenses and lost wages.
No-fault insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. This system has protected those who have been injured in car accidents from being burdened with out-of pocket costs. However, it is important that you understand what it means.
To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost you must have been injured in a motor vehicle accident that occurred within the state of New York. You must also be a driver, passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. The person injured must be treated at an accredited hospital or provider. You must be able to prove that you suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries, and could have a significant negative impact on the life of the victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
A lawyer can help you with the legal process in many ways after a serious car accident. Baldwin Park injury lawyer can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the driver who caused the accident.
There is a chance that you will have to pay for astronomical medical expenses along with lost wages and other expenses after a serious auto accident. No-fault insurance is able to pay for these, and you should always seek out treatment after a crash, even if you feel okay.
If you cannot return to work due to an injury, no fault insurance will pay up to $2,000 for lost wages per month. It also covers the majority of the cost you incur out-of-pocket such as the cost of household help.
Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, since failure to attend could result in an appeal to the benefits.
Purely comparative fault
In a lot of car accident lawsuits, the plaintiffs are partly or totally accountable for the incident. The law gives injured parties the right to be compensated based on their percentage of blame. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault an individual claimant is deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent.
In a car accident case, the plaintiff's legal responsibility for the accident is contingent upon proving two things: negligence and causation. Negligence is the act of breaking an act of law, or committing a breach of the law with reckless negligence. The causality is the manner the negligence caused the injury. To establish legal liability the plaintiff has to demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income, and travel expenses for appointments. Non-economic losses can include emotional trauma, pain and suffering.
New York is among the 13 states with a pure comparative fault law, which means that injured parties could still be able to claim compensation even if they were partially responsible. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case it is crucial to work with a knowledgeable attorney.
Comparative fault can be applied to almost every personal injury or wrongful death case where the victim (or the descendants 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 essential to be aware of when making claims for compensation following an accident in New York. Your lawyer will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
In addition, if have several defendants in your case the concept of joint and several liability may apply. This system divides the verdict among all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries.
Tactics of the Insurance Company
The aftermath of a car accident can be as stressful. The victims of injuries typically have to deal with medical bills as well as a loss of income due to being in a position of no work and suffer from physical pain and emotional stress. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. They don't have to be subjected the delay tactics employed by an insurance company to get them to accept lower settlement offers.
Insurance companies exist to earn money. They accomplish this by denial or reducing your claims. Insurance representatives will use any strategy to prevent you from obtaining the amount you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious tactics.
Insurance companies will do all they can to delay your claim or stop the negotiations in order to save as much money as possible. They will also try and avoid responsibility by arguing that the injuries aren't related to the accident or do not require treatment. They might even claim that the accident was the result of a prior medical condition.
In some cases, an insurance adjuster will come up with a settlement amount that seems reasonable. This is a classic trick that a lot of people are enticed by. In reality, the price will be significantly lower than what you really need to pay for medical treatment and other damages.
New York law requires that all drivers carry no-fault coverage. However, it is not uncommon for people to be injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of 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 and causing serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.
Reckless driving
You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify the parties accountable for your injuries and losses. They can also file a claim or lawsuit against the driver to recover your 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 cyclists, pedestrians, and cyclists at risk. To convict someone of this crime an officer of the police force must demonstrate more than mere negligence or carelessness. This means that the officer must show that the driver knew their actions could cause an accident or put others at risk.
In certain instances, even a minor traffic offense can be considered a form of reckless driving in New York. For example driving through an intersection with a stop sign could cause a serious accident and injury. If a driver is caught driving recklessly, they could be found guilty of misdemeanors and be subject to fines or even jail time.
Unsuspecting driving can cause serious injuries to motorists, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their license and may be subject to massive fines. This can cause a driver's insurance rates to increase significantly. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly.
The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of the penalty is contingent on several factors including the severity of the crash and whether there were any aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended.
A reckless driving accident attorney with experience can determine the causes of an accident and gather evidence to prove your innocence. This evidence might include witness statements, phone records to look for distracted driving, photographs and videos of the scene of the crash and official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.