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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 a common occurrence. Certain accidents could cause serious injuries, even if they are minor accidents. Anyone injured should dial 911 and seek medical attention as soon as possible.
A New York car accident lawyer can assist victims with their legal needs after an accident. They can assist them in obtaining the compensation they need for medical expenses and lost wages.
No-fault insurance
New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical costs, lost wages and other related costs to an accident. While this system has helped protect car accident victims from being buried by out-of-pocket costs, it is important to understand exactly what it does and does not mean.
In order to qualify to benefit from No-Fault insurance, you have to meet certain requirements. You must first and foremost be injured in an accident in New York. You must also be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian hit by the vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. Additionally you must 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. All of these are serious and could have a negative impact on a victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
A lawyer can assist you with the legal process in numerous ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also file a court case on behalf of you against the driver who caused the accident.
In the aftermath of a serious crash you could face astronomical medical bills, lost wages, and other expenses. These expenses are covered by no fault insurance, and you should seek medical attention immediately after a car accident, even if it feels like you're fine.
If you are unable to return to work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It will also cover an important portion of your out-of-pocket expenses which includes the cost of household help.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. Attendance is mandatory, as the absence of this could result in retroactive denials of benefits.
Pure comparative fault
In a majority of car accident lawsuits, plaintiffs are partly or totally accountable for the crash. The law grants injured parties the right to be compensated in proportion to their share of fault. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault a claimant can be deemed to have in order to disqualify them from financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal liability for the accident rests on showing two things: negligence and causation. Negligence is the act of breaking a law or committing an act in reckless disregard. Causation refers to the way in which the negligence directly led to the injury. To prove legal responsibility the plaintiff has to show the economic losses resulted from their injuries, like medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as pain and suffering.
New York is one of the 13 states that have pure comparative fault laws, which means that the injured party can still seek recovery when they are at the fault. If the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this instance it is essential to work with a skilled attorney.
Comparative fault is applicable to any personal injury or wrongful death situation in which the victim (or their heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in wrongful death cases.
The principle of comparative fault is essential to be aware of when filing an action for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to get you the maximum compensation for your injuries.
Joint and several liability can also apply if there are several defendants. This system splits the verdict among all defendants when the jury finds you jointly and severally responsible for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car crash can be just as stressful. The injured victims are often faced with medical bills, lost income due to not being able to work or suffer physical pain. They also have to think about how they will pay rent and other expenses that are part of their daily lives. They don't need to be subjected the stalling tactics used by an insurance company to convince them to take low settlement offers.
Insurance companies are in business to earn money. They accomplish this by denial or cutting your claims. Insurance agents will employ every method to stop you from receiving 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 have years of experience fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their sneaky 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 also try to avoid accountability by arguing that your injuries aren't caused by the crash or that they don't require treatment. They might even claim that you have a prior medical condition that is to blame for the crash.
In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a common tactic that many people fall to. 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. It is not uncommon for people to be injured when driving a vehicle of another or riding in their vehicle. The most frequent causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses a device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine all parties that might be accountable for your injuries and the damages. They could also initiate a lawsuit or claim against the driver in order to collect damages.
The New York criminal code defines reckless driving as operating an automobile in a manner that poses a threat to the lives and safety of others on the road and pedestrians or riders on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere carelessness or negligence. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger.
Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light can result in an accident that is serious. If a driver is caught driving recklessly, they may be convicted of misdemeanors and be subject to penalties such as fines or jail time.
Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this type of offense can result in the addition of points to your license, as well as substantial fines. This could result in driver's premiums going up significantly. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis.
Pomona regarding reckless driving in New York are extremely strict and could result in severe penalties, including fines and prison. The severity of the penalty depends on several factors, including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.
A reckless driving accident attorney who has experience can determine the root of the accident and gather evidence to demonstrate your innocence. This could include witness statements as well as phone records to look for distracted driving, photos and videos taken at 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 aimed at obtaining the maximum amount of compensation for your injuries.
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