You Can Explain New York Accident Lawyer To Your Mom
You Tube Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent incident in New York City. Some of these accidents can cause serious injuries, even if they are minor accidents. Injured parties should call 911 and seek medical attention as soon as possible.
A New York car accident lawyer can assist victims with their legal needs after an accident. They can help them obtain compensation for their medical bills and lost wages.
No-fault insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this system has helped protect car accident victims from being buried due to out-of-pocket costs It is crucial to understand exactly what it is and what it does not mean.
To be eligible for No-Fault insurance, you must meet certain requirements. First and foremost you must have been injured in a vehicle accident that took place in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a certified medical professional. Additionally you must have suffered a "serious injury."
Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries that can have a profoundly negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.
A lawyer can help you with the legal process in a variety of ways after a serious car accident. They can assist you in understanding 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.
There is a chance that you will have to pay astronomical medical costs, lost wages and other expenses following a serious accident. No-fault insurance can help with these costs as well, and you should seek treatment following a crash, even if you feel okay.
If you cannot 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 try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failure to do so may result in retroactive denials of benefits.
Purely comparative fault
In many car accident cases, the plaintiffs may be liable in part or full for the accident. The law gives injured parties to receive damages according to their percentage of the fault. This is referred to as pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount a person may be deemed to have to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.
In the event of a car crash, the plaintiff must prove two things to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking a law or committing an act with reckless carelessness. Causation refers to how the negligence directly contributed to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, including medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses can include emotional trauma, suffering and pain.
New York is one of the 13 states with pure comparative fault laws, which means that injured parties are still able to seek compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at fault, they will be disqualified from claiming damages. In this case, it's important to consult with a reputable attorney.
Comparative fault applies to any personal injury or wrongful death instance in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complex in the case of wrongful death.
The concept of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you receive the most compensation you can for your injuries.
In addition, if you have multiple defendants in your case the concept of joint and numerous liability could be applicable. The system splits the verdict between all defendants when a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries.
Tactics of the Insurance Company
Car accidents are stressful enough, and the aftermath can be more difficult. The victims of injuries typically have to deal with medical bills as well as a loss of income as a result of being incapable of working in addition to their physical pain and emotional distress. Rent and other expenses are also a major concern. The last thing they need is to be subjected to the stalling tactics of an insurance company that is trying to get them accept a settlement offer that is low.
The truth is that the majority of insurance companies are focused on making money and do it by denying or reduction of claims. Insurance representatives will use any method to stop you from receiving the amount you are entitled to. It is crucial to employ an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' devious strategies.
Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much as possible. They will also try and avoid responsibility by arguing that the injuries are not directly related to the crash or that they do not require treatment. They may even argue that you have a prior medical condition that is the reason for your crash.
In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a typical scam that a lot of people are enticed by. The offer is significantly less than the amount you must pay to cover your medical expenses and other damage.
The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to sustain injuries while driving another's vehicle or riding in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver uses an electronic device while driving to send or receive messages or phone calls or listen to music. 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
You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine all parties that may be accountable for your injuries and damage. They may also file a lawsuit or claim against the driver 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 drivers or cyclists, pedestrians, and cyclists in danger. To convict a person of this crime an officer of the police force must demonstrate more than mere negligence or carelessness. This means that the police officer must prove that the driver was aware of their actions were likely to cause an accident or put others at risk.
In some instances, even a minor traffic offense can be considered a form of reckless driving in New York. For example driving through an intersection with a stop sign could cause an accident that is serious and cause injury. If the driver is found to be driving recklessly, they could be convicted of a misdemeanor offense and be subject to a fine or jail time.
Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. If convicted of this crime will be subject to points added to their licenses and could face massive fines. This could cause drivers' insurance rates to increase significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly.
The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of a penalty is contingent on a number of factors, such as the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.
An experienced reckless accident lawyer will know how to determine the causes of a crash and gather evidence that will show your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photos and videos taken at the scene of the crash as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.