10 Facts About New York Accident Lawyer That Will Instantly Set You In A Positive Mood
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. While the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. Anyone injured should dial 911 and seek medical attention right away.
A New York car accident attorney can assist victims with legal issues after a crash. They can help victims get compensation for medical bills and lost income.
No-fault Insurance
New York is an insurance no-fault state. YouTube means that all drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical costs, lost wages and other accident-related costs. While this system has protected car accident victims from being buried due to cost-out-of-pocket but it is essential to understand exactly what it is and what it does not mean.
To qualify for No-Fault Insurance, you must meet a few criteria. First and foremost, you must be injured in an accident in New York. You must be a driver or passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated in a hospital or by a licensed provider. You must be able to prove that you suffered "a 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 impact on a victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.
A lawyer can assist with the legal process in many ways following a serious car accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident.
Following a serious car crash you could be faced with huge medical expenses, lost wages and other costs. These costs can be covered by no fault insurance, and you should seek treatment immediately after a car accident even if it seems as if you're in good shape.
If you are unable to return to work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover the majority of the cost you incur out-of-pocket, including the cost of household help.
Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failing to attend could result in retroactive denials of benefits.
Purely comparative fault
In many car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law permits injured parties to seek damages based on the proportion of blame that can be assigned to them. This is referred to as pure comparative negligence. Pure comparative fault differs from modified comparative fault, which caps the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In a car accident, the plaintiff must prove two things to be legally accountable for the crash: negligence and causality. Negligence is the act of breaking the law or acting in reckless disregard. The causality is the way the negligence caused the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering.
New York is among the 13 states that have a strict comparative fault law, which means that injured parties could still be able to claim compensation even if they were partially responsible. However, if the person seeking compensation is found to be more than 50% at fault, they will be barred from recovering any damages. In this instance it is essential to consult with a seasoned attorney.
Comparative fault can be applied to almost any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault can be somewhat more complex in wrongful death claims.
The principle of comparative fault is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the most compensation for your injuries.
In addition, if have several defendants in your case the concept of joint and numerous liability could be applicable. This is a method that divides the judgment between all the defendants if the jury determines that you are jointly and severally responsible for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries.
The tactics of the insurance company
Car accidents are stressful enough, but the aftermath can be even more difficult. Injured victims are often faced with medical bills, loss of income due to inability to go to work and physical pain. They also have to worry about whether they can cover rent and other expenses of daily living. The last thing they need is to be subjected to the stalling tactics of an insurance company trying to get them accept a low settlement offer.
The fact is, most insurance companies are focused on making money and do this by denying or reduction of claims. Insurance agents will employ every tactic they can to prevent you from obtaining the compensation you are entitled to. This is why it's essential to work with an New York car accident lawyer to ensure that you are treated equally. The attorneys 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 strategies.
To save money insurance companies will do whatever they can to delay or stop your claim. They also try to keep the blame off by claiming that your injuries aren't directly related to the crash or that they do not require treatment. They may even claim that the accident was caused by an earlier medical condition.
In certain cases the insurance adjuster might offer a settlement that seems reasonable. This is a common tactic that a lot of people fall to. In reality, the price will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to get injured while driving or riding in another's vehicle. The most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving happens 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
You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you investigate the crash to identify the parties accountable for your injuries and losses. They can also initiate a lawsuit or claim against the driver to claim damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists at risk. To convict someone, a policeman must show more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.
Even minor traffic violations can be considered reckless driving in New York. For instance driving through a red light or stop sign could result in an accident that is serious and cause injury. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor crime and face an indictment or a fine.
Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. Anyone who is found guilty of this offense will receive points added to their license and could be subject to massive fines. This can result in a driver's premiums going up substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.
New York's reckless driving laws are extremely strict and could result in substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors such as the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license.
A seasoned reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence that will show your innocence. This could include witness statements, phone records to check if the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum compensation for your injuries.