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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular occurrence in New York City. While the majority of them are collisions between cars, some may cause serious injuries. The injured parties should immediately contact 911 and seek medical care.
A New York car accident attorney can assist victims with legal issues following 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 protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is essential to know what it means.
To qualify for No-Fault Insurance you must satisfy a few criteria. First and foremost you must have been injured in a motor vehicle accident that took place in the state of New York. You must be a driver or passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The person injured must be treated in a hospital or by an authorized provider. You must have also suffered "a serious injury."
Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. All of these injuries are severe and can have a negative impact on the life of a victim. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you deserve.
A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident.
After a serious car accident you could face massive medical bills, lost wages, and other costs. These expenses can be covered by no fault insurance, and you should seek treatment immediately following a collision even if you feel like you are fine.
If you are unable to return to work due to an injury, no fault insurance will pay up to $2,000 in lost wages per month. It also covers a large portion of the cost you incur out-of-pocket, including the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. You must show up for these appointments, since failure to attend could result in a retroactive denial of benefits.
Pure faults that are comparable
In many car accident cases plaintiffs may be liable in part or full for the accident. The law permits injured parties to recover damages in proportion to the percentage of blame that can be assigned to them. This is known as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to have to prevent them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.
In a car accident case the plaintiff's legal liability for the accident is contingent upon showing two things: negligence and causation. Negligence refers to breaking a law or committing an act in reckless disregard. The causality is the way that the negligence led to the injury. To prove legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income and travel expenses that result from their injuries. Other non-economic losses include emotional trauma as well as suffering and pain.
New York is among the 13 states with a pure comparative-fault law. This means that the injured party can still claim compensation even if they were partially at fault. However, if the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance it is crucial to consult with a reputable attorney.
Comparative fault is applicable to nearly every personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault is a bit more complicated in the case of wrongful death claims.
The concept of comparative fault is crucial to know when making claims for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to secure the maximum compensation for your injuries.
Joint and several liability can be used in the event of several defendants. This system splits the verdict between all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation for your injuries.
Insurance company tactics
Car accidents are stressful enough, but the aftermath can be more difficult. Injured victims are often confronted with medical bills, lost income due to not being able to go to work and physical pain. Rent and other daily expenses are also a major concern. They don't need to endure the strategies of stalling employed by an insurance company to get them to accept low settlement offers.
Insurance companies exist to earn money. They accomplish this by denial or reduce your claims. Insurance representatives will use any strategy to prevent you from getting the compensation you deserve. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious strategies.
In order to save money, insurance companies will do whatever they can to delay or stop your claim. Fayetteville injury attorneys may also attempt to avoid responsibility by claiming that your injuries aren't directly related to the crash, or they do not require treatment. They may even argue that you suffer from a previous medical condition that is the reason for your crash.
In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a classic method that many people are enticed by. In reality, this offer will be significantly lower than what you really need to pay for your medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance coverage. However, it is common for people to be injured when driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving happens when a driver is using devices while driving to send or receive messages, make phone calls, or listen to music. 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 when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in investigating the crash to determine who may be responsible for your injuries and the damages. They can also make a claim or a lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as operating an automobile in a manner that endangers the lives and safety of other motorists and people on foot or on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or place others in danger.
In some instances, even a minor traffic offense can be considered a form of reckless driving in New York. A violation of a stop sign, or a red light can result in an accident that is serious. If a driver is found to be recklessly driving, they could be convicted of a misdemeanor offense and could face an indictment or a fine.
Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. If convicted of this offense will receive points added to their license and could face large fines. This could lead to a driver's insurance premiums increasing substantially. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner.
New York's reckless-driving laws are very strict and can result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a number 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 seasoned reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence to prove your innocence. This evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.