20 Trailblazers Leading The Way In New York Accident Lawyer
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 call 911 and seek medical attention.
A New York car accident lawyer can help victims with their legal issues following a crash. They can assist in obtaining compensation for medical expenses and lost wages.
No-fault insurance
New York is a no-fault insurance state which means that drivers passengers, pedestrians and bicyclists are automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. While this has helped to protect car accident victims from being buried by cost-out-of-pocket, it is important to understand exactly what it is and what it does not mean.
To be eligible to benefit from No-Fault insurance, you must meet certain requirements. First of all you must be injured in a car accident that took place in the state of New York. You must be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. The person injured must be treated in a hospital or by a certified medical professional. Additionally you must have sustained an "serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries, and could have a significant negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident.
A lawyer can assist you with the legal process in many ways following a serious auto accident. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They may also make a court-filed lawsuit on your behalf against the negligent driver who caused the accident.
You may have to pay astronomical medical bills as well as lost wages and other expenses after a serious auto accident. No-fault insurance is able to pay for these, and you should always seek out treatment after an accident, even though you feel well.
If you are unable to return work because of an injury, no fault insurance will pay up to $2,000 in lost wages per month. It also covers a number of your out of pocket expenses, like the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must show up for these appointments, as failing to do so could result in an appeal to the benefits.
Purely faults of a comparative nature
In many car accident cases plaintiffs may be held to be fully or partially responsible for the accident. The law allows the injured party to claim damages based on the percentage of blame that can be attributable to them. This is called pure comparative negligence. Pure comparative fault is different from modified comparative fault, which caps the amount of fault an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two things in order to be legally responsible for the crash: negligence and causality. Negligence is the violation of the law or committing a breach of the law with reckless negligence. The causality is the manner in which the negligence caused the injury. To establish legal liability the plaintiff has to show the economic losses that result from their injuries like medical bills, lost income and travel costs to appointments. 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 seek compensation if they were partially at fault. If the claimant is found to be more than 50% at fault, they will be disqualified from claiming damages. In this instance it is essential to consult a knowledgeable lawyer.
Comparative fault is applicable to nearly every personal injury or death case where the victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in wrongful death cases.
The concept of comparative fault is crucial to know when making claims for compensation following an accident in New York. Warren injury attorneys You Tube will help you to determine the extent of your own contribution 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 could also apply if there are multiple defendants. This system divides the verdict between all defendants when the jury finds that you are 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
The aftermath of a car accident can be as stressful. Injured victims often must deal with medical bills as well as a loss of income as a result of being incapable of working in addition to their emotional and physical pain. Rent and other daily expenses are also a concern. They don't need to be subjected the stalling tactics used by an insurance company to convince them to accept low settlement offers.
Insurance companies exist to make money. They accomplish this by denial or reduce your claims. Insurance agents will use every method to deny you the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sly strategies.
Insurance companies will do everything in their power to delay your claim or stop the process to save as much as possible. They also try to avoid responsibility by arguing that the injuries aren't connected to the accident or that they do not require treatment. They could even argue that the accident was the result of a prior medical condition.
In some cases, an insurance adjuster will determine a settlement amount that seems reasonable. This is a common tactic that many people fall prey to. In reality, this offer will be much lower than what you really need to pay for your medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for people to suffer injuries while driving another person's car or riding in their vehicle. Some of the most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving is when a driver is using an electronic device to send or receive text messages, make phone calls or listens to music driving. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents include 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 help determine the cause of the accident and identify all parties that could be responsible for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover your damages.
The New York criminal code defines reckless driving as operating an automobile in a manner that poses a threat to the lives and safety of other motorists and pedestrians or riders on bicycles. To convict a person of this crime, a police officer must show more than just carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.
In some instances, even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance driving at an intersection with a stop sign could lead to an accident that is serious and cause injury. If the driver is found to be driving recklessly, they may be found guilty of a misdemeanor and face a fine or jail time.
Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this type of offense can lead to the addition of points to your license, as well as substantial fines. This can cause a driver's insurance rates to rise substantially. It is essential to find a New York reckless driving accident attorney to ensure that the driver is convicted in a fair manner.
The reckless driving laws in New York are extremely strict and could lead to substantial penalties, including fines and imprisonment. The severity of the punishment depends on a number of factors such as the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence.
A seasoned reckless accident lawyer will know how to investigate the causes of a crash and gather evidence to show your innocence. This evidence might include witness statements, 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 and file lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.