20 Trailblazers Leading The Way In New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are common. Some of these accidents can cause serious injuries, even if they are minor accidents. The injured parties should immediately call 911 and seek medical care.
A New York car accident attorney can help victims with their legal issues after a crash. They can assist them in obtaining compensation for medical expenses and lost wages.
No-fault Insurance
New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical costs, lost wages and other related costs to an accident. This system has safeguarded car accident victims against being weighed down by out-of-pocket costs. However it is essential to know what it means.
To qualify for No-Fault Insurance you must satisfy some requirements. First and foremost you must have been injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the insured vehicle or a bicyclist or pedestrian who was struck by the vehicle. The person injured must be treated in a hospital or by 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. All of these injuries are serious and could have a negative impact on the life of a victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.
A lawyer can help you with the legal process in many ways after a serious car accident. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the negligent driver responsible for the crash.
In the aftermath of a serious crash, you may be facing massive medical bills, lost wages, and other costs. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a collision even if you feel as if you're in good shape.
If you're unable to return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket costs, such as 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). It is mandatory to attend, since failing to attend could result in retroactive denials of benefits.
Pure comparative fault
In a lot of car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law allows injured parties to recover damages according to their percentage of the fault. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a person may be deemed to have to prevent them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two elements to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking the law or acting with unreasonable negligence. Causation refers to how the negligence directly contributed to the injury. To establish legal liability the plaintiff must demonstrate the economic loss that result from their injuries for example, medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma and pain and suffering.
New York is among the 13 states with a pure comparative-fault law. This means that the injured party can still seek compensation if they were partially at fault. If the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this case it is essential to work with an experienced attorney.
Comparative fault applies to almost any personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complex in the case of wrongful death.
You Tube is important to understand the concept of comparative negligence when filing an insurance claim 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 you receive the maximum compensation possible for your injuries.
Joint and multiple liability may also be a possibility if there are multiple defendants. This system splits the verdict between all defendants if a jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the highest compensation for your injuries.
Strategies of insurance companies
Car accidents are stressful enough, but the aftermath can be more difficult. The victims of injuries typically have to deal with medical bills and a loss of income from being in a position of no work and suffer from physical pain and emotional stress. Rent and other costs of daily living are also a major concern. The last thing they need is to be subjected the tactics of an insurance company trying to convince them to accept a settlement offer that is low.
The fact is, most insurance companies are focused on making money and they do this by denial or reducing claims. Insurance companies will employ any strategy to prevent you from receiving the amount you deserve. This is why it's crucial to find a New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will stand up to insurance companies and their shady tactics.
To save money, insurance companies will do anything they can to delay or stall your claim. They also try to keep the blame off by claiming that the injuries aren't connected to the accident or do not require treatment. They might even claim that you suffer from a previous medical condition that is to blame for your crash.
In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a common tactic that many people fall to. This offer is much lower than the amount you need to pay in order to cover your medical expenses and other damages.
New York law requires that every driver have no-fault insurance. It is nevertheless common for people to be injured when driving or riding in another's vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver is using an electronic device to send or receive text messages, makes phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify the parties responsible for your injuries and losses. They can also initiate a lawsuit or claim against the driver in order to collect damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that poses a threat to the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone, a policeman must show more than just negligence or carelessness. This means that the officer must show that the driver was aware of their actions could cause an accident or put others at risk.
In some cases even a minor traffic infraction could be viewed as a type of reckless driving in New York. Running a stop sign or red light can result in serious accidents. If the driver is found to be recklessly driving, they could be found guilty of a misdemeanor and be subject to an indictment or a fine.
Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. Those who are convicted of this crime will be subject to points added to their license and could face massive fines. This can result in a driver's insurance premiums increasing significantly. It's important to hire an New York reckless driving accident attorney who will ensure the driver is held accountable in a fair manner.
The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and prison. The severity of the penalty 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 license.
A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to show your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, photographs and videos from the scene of the accident, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.