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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 just minor collisions. The injured parties should immediately call 911 and seek medical attention.
A New York car accident lawyer can help victims with their legal needs after an accident. They can assist them in obtaining compensation for their medical bills and lost wages.
No-fault insurance
New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as well as bicyclists and cyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other accident-related costs. This system has protected those who have been injured in car accidents from being burdened with out-of pocket expenses. However, it is important to know what it means.
To be eligible for No-Fault Insurance, you must meet a few criteria. You must first and foremost be injured in an accident in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or an authorized provider. You must be able to prove that you suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. These are all extremely serious injuries that can have a devastating negative impact on the person's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident.
A lawyer can assist with the legal process in many ways following a serious auto accident. They can explain your legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They can also make a court filing on your behalf against the driver who caused the crash.
In the aftermath of a serious crash you could be faced with huge medical bills, lost wages, and other costs. No-fault insurance will help with these costs, and you should always seek out treatment after an accident, even though you feel fine.
If you're unable to return to work, no-fault insurance will cover 80 percent of your lost wages up to $2,000 per month. It will also cover a lot of your out of pocket costs, including the cost of household assistance.
Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, since not attending could result in the denial of benefits retroactively.
Pure faults of a comparative nature
In many car accident cases, the plaintiffs may be partially or fully responsible for the incident. The law allows the injured party to claim damages in proportion to the percentage of the blame that is attributable to them. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to have in order to keep them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two things to be legally accountable for the accident: negligence and causality. Negligence refers to breaking the law or acting in reckless disregard. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal liability, the plaintiff must also prove the economic damages that result from their injuries like medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, pain and suffering.
New York is one of the 13 states that have absolute comparative fault laws, which means that the injured party can still seek recovery if they are partially at fault. However, if the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this instance it is essential to work with a knowledgeable lawyer.
Comparative fault can be applied to any personal injury or wrongful death instance where the victim (or their heirs) have suffered mental 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 very important to understand when filing an action for compensation following an accident in New York. Your lawyer will help you determine the extent of your own responsibility for the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries.
In addition, if have several defendants in your case, the concept of joint and several liability could apply. This system divides the verdict among all defendants in the event that a jury finds you jointly and severally liable for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
Car accidents can be stressful enough, but the aftermath can be more difficult. Injured victims are often faced with medical bills, lost income due to not being able to work, and physical pain. They also have to worry about whether they can afford rent and other daily expenses. They don't need to be subjected the delay tactics employed by insurance companies to try and get them to accept lower settlement offers.
The fact is, most insurance companies are focused on making money and do this by denial or reducing claims. Chino injury lawsuit will use every tactic possible to deny you the money you deserve. It is essential to find 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 attorneys will take on insurance companies and their shady tactics.
Insurance companies will do everything they can to delay your claim or slow negotiations to save as much money as possible. They also try to avoid responsibility by arguing that the injuries are not connected to the accident or do not require treatment. They may even argue that you had a prior medical issue that is responsible for the crash.
In some cases an insurance adjuster may come up with a settlement amount that seems reasonable. This is a classic trick that many people are enticed by. In reality, the price will be much lower than what you actually need to pay for medical treatment and other damages.
New York law requires that all drivers have no-fault insurance. However, it is not uncommon for people to get injured while driving or riding in another's vehicle. The most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving happens when a driver is using a device while driving to send or receive texts or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes are drunk driving, road conditions, and weather conditions.
Reckless driving
You may be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine the parties that might be accountable for your injuries and damages. They may also file a claim or lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating the vehicle in a way that poses a threat to the lives and safety of other drivers and pedestrians or riders on bicycles. To find someone guilty, a policeman must show more than mere negligence or recklessness. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others at risk.
In some cases even a minor traffic offense could be viewed as a type of reckless driving in New York. For instance, running a red light or stop sign could result in serious injuries and accidents. If the driver is found to be recklessly driving, they could be found guilty of a misdemeanor crime and face a fine or jail time.
Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this crime can result in the addition of points to your license as well as hefty fines. This can cause a driver's insurance rates to rise significantly. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner.
The reckless driving laws in New York are very strict and could result in severe penalties which include fines and even imprisonment. The severity of a penalty is contingent on a variety of factors like the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence.
A seasoned reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence to demonstrate your innocence. The evidence could include witness statements, phone records to look for distracted driving, images and videos from the scene of the accident and official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum compensation for your injuries.