Forget New York Accident Lawyer: 10 Reasons Why You Don't Have It
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common occurrence in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured parties should immediately contact 911 and seek medical care.
A New York car accident attorney can help victims with their legal issues following the crash. They can help victims obtain compensation for medical bills and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical, lost wages, and other related expenses. This system has safeguarded those who have been injured in car accidents from being weighed down by out-of-pocket costs. However, it is important to know what it means.
To be eligible for No-Fault insurance you must satisfy a few criteria. First and foremost, you must have been 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 injured person 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 or loss of function. All of these injuries are severe and could 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 help you with the legal process in numerous ways following a serious car accident. Costa Mesa injury attorneys can provide you with legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They may also make a court-filed lawsuit on behalf of you against the driver responsible for the crash.
You could be required to pay astronomical medical bills as well as loss of wages, and other costs following a serious car accident. These expenses are paid for by no-fault insurance and you should seek treatment immediately after a car accident, even if it feels like you're fine.
If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It will also cover a lot of your out of pocket costs, including the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. You must be present at these appointments, as failing to do so could result in an appeal to the benefits.
Purely comparative fault
In many cases of car accidents the plaintiffs could be partially or fully responsible for the accident. The law allows the injured party to claim damages based on the proportion of the blame that is assigned to them. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault a claimant can be deemed to have in order to disqualify them from financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent.
In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence is the violation of a law, or acting with unreasonable negligence. The causality is the manner the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income or travel expenses, caused by 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, which means that injured parties can still seek compensation if they were partially at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this instance it is essential to work with a skilled attorney.
Comparative fault can be applied to any personal injury or wrongful death case in which the victim (or heirs) have suffered mental or physical damages. However the concept of comparative fault is a bit more complicated in wrongful death claims.
The concept of comparative blame is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
Joint and multiple liability may be used in the event of multiple defendants. This system divides the verdict among all defendants when the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest compensation possible for your injuries.
Insurance company tactics
Car accidents are stressful enough, but the aftermath can be even more difficult. Injured victims are often confronted with medical bills, loss of income due to not being able to work, and physical pain. Rent and other daily expenses are also a major concern. The last thing they want is to be sucked into the tactics of an insurance company that is trying to convince them to accept a low settlement offer.
The truth is that the majority of insurance companies are focused on making money and do this by denial or cutting claims. Insurance agents will employ every method to stop you from getting the compensation you are entitled to. This is why it's so important to hire a New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies' sneaky tactics.
In order to save money insurance companies will do anything they can to delay or stall your claim. They may also attempt to keep the blame off by claiming that your injuries aren't related to the accident or that they do not require treatment. They may even claim that your crash was the result of a prior medical condition.
In some cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a trick that many people fall to. In reality, this offer is significantly less than what you actually need to pay for your medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is not unusual for people to be injured when driving a vehicle of another or in their vehicle. Distracted driving, reckless driving and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver uses a device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help examine the crash to determine all parties who may be responsible for your injuries and losses. They may also make a claim or lawsuit against the driver in order to recover damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or pedestrians and cyclists in danger. To convict a person of this crime the police officer must show more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could cause an accident or place others in danger.
In some instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. Driving through a stop sign or red light could result in an accident that is serious. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanors and be subject to fines or jail time.
Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this offense could result in the addition of points to your driver's license, as well as hefty fines. This could result in driver's insurance premiums increasing substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is held accountable on a fair basis.
The laws governing reckless driving in New York are very strict and can result in substantial penalties including fines and prison. The severity of the punishment depends on several factors, including the severity of the crash and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
An attorney for reckless driving who has experience can determine the cause of an accident and gather evidence to prove your innocence. The evidence could include witness statements and cellphone records to look for distracted driving, photographs and videos of the scene of the crash, official medical reports, and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.