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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. Although the majority of them are fender benders, some can cause serious injuries. The injured party should immediately contact 911 and seek medical care.
A New York car accident attorney can assist victims with legal issues after a crash. They can help victims obtain compensation for medical bills and lost income.
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 auto insurance policies. This includes medical expenses, lost wages, and other related costs to an accident. While this system has helped protect car accident victims from being buried due to expenses out of pocket It is crucial to know what it does and does not mean.
To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. You must first and foremost be injured in an accident that occurred in New York. You must be a driver or passenger in the vehicle insured, or a cyclist or pedestrian who was struck 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 an "serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these injuries are serious and can have a negative effect on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve.
In the aftermath of a serious auto crash, a lawyer can assist you in a variety of ways. They can explain your legal options, conduct an extensive investigation and bargain with the insurance company on your behalf. They can also bring a lawsuit to court on behalf of you against the driver who caused the accident.
Following a serious car crash you could be faced with huge medical expenses, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a car crash even if you feel like you're fine.
If you are unable to return to work, no-fault insurance will cover 80% of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket costs, including the cost of household assistance.
Insurance companies often try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must be present at these appointments, since failure to attend could result in an appeal to the benefits.
Pure comparative fault
In many car accident cases, the plaintiffs may be liable in part or full for the incident. The law grants injured parties to be compensated in proportion to their share of the fault. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount that a claimant could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent.
In a car accident the plaintiff must prove two elements to be legally responsible for the accident that is, negligence and causality. Negligence is the act of breaking a law or acting with reckless carelessness. Causation is the process by which the negligence directly led to the injury. To establish legal liability plaintiffs must also prove economic losses, such as medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses can include emotional trauma, suffering and pain.
New York is among the 13 states that have a strict comparative-fault law. This means that those who are injured can still claim compensation even if they were partially responsible. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this situation it is essential to work with a knowledgeable attorney.
Comparative fault is applicable to any personal injury or wrongful-death case in which the victim (or the heirs) have suffered physical or mental damages. The concept of comparative fault is more complicated in cases of wrongful deaths.
The principle of comparative fault is crucial to know when making an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
Joint and several liability can be used in the event of multiple defendants. This is a system that splits the judgment amongst all defendants in the event that the jury decides that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the highest compensation for your injuries.
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Car accidents can be stressful enough, but the aftermath can be even more challenging. The victims of injuries typically must deal with medical bills and a loss of income from being incapable of working, not to mention their physical pain and emotional stress. They also have to think about whether they can afford rent and other expenses that are part of their daily lives. They don't have to be subjected the delay tactics employed by insurance companies to try and get them to take low settlement offers.
Insurance companies exist to make money. They do this by refusing or reduce your claims. Insurance agents will employ every strategy to prevent you from getting the amount you deserve. This is why it is so important to hire an New York car accident lawyer 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' sneaky strategies.
To save money, insurance companies will do anything they can to delay or derail your claim. They also try to avoid liability by arguing that the injuries aren't connected to the accident or do not require treatment. They might even claim that your accident was caused by a previous medical condition.
In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a typical scam that a lot of people are enticed by. In reality, the price will be much lower than the amount you will actually have to pay for medical treatment and other damages.
The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to be injured when driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving is when a driver is using a device to send or receive text messages, make phone calls or listens to music behind the wheel. 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 crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can assist you examine the crash to determine the parties responsible for your injuries and losses. 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 the vehicle in a way that puts at risk the lives and safety of other motorists and people on foot or on bicycles. To convict a person of this crime the police officer must show more than just negligence or recklessness. This means that the officer must show that the driver was aware of their actions were likely to cause an accident or put others at risk.
Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could cause an accident that is serious. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor offense and could face an indictment or a fine.
Reckless driving may cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this crime can lead to the addition of points to your license and hefty fines. This can cause a driver's insurance rates to increase significantly. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The reckless driving laws in New York are quite strict and can result in severe penalties that include fines and jail time. The severity of a penalty is contingent on a number of factors including the severity of an accident, as well as aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended.
A reckless driving accident attorney who is experienced can determine the cause of an accident and gather evidence to prove your innocence. This could include witness statements and phone records to determine whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.