A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. While most of them are just fender benders, some can result in serious injuries. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident lawyer can assist victims with their legal issues after a crash. They can assist 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 automatically by their insurance policies for automobiles. This includes medical expenses, lost wages, and other costs related to accidents. While this has helped to protect car accident victims from being buried by expenses out of pocket but it is essential to know exactly what it does and does not mean. To be eligible for No-Fault Insurance you must satisfy a few criteria. You must first and foremost be injured in an accident in New York. You must also be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist struck by the vehicle. The injured person must be treated in an accredited hospital or provider. In addition you must have suffered a serious injury. New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. All of these injuries are severe and could have a negative impact on the victim's life. 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. After a serious auto accident, a lawyer can assist you in a variety of ways. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also make a court filing on behalf of you against the driver who caused the accident. You may have to pay for astronomical medical expenses as well as lost wages and other expenses following a serious accident. No-fault insurance is able to help with these costs as well, and you should seek treatment following a crash, even if you feel fine. If you're unable to return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It will also cover the majority of your out-of-pocket costs which includes 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). The requirement to attend is that the absence of this could result in denial of benefits retroactively. Pure comparative fault In a lot of car accident cases the plaintiffs could be partially or fully responsible for the accident. The law allows the injured party to claim damages based on the percentage of fault 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 that a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two elements to be legally accountable for the accident: negligence and causality. Negligence is the act of breaking an act of law, or committing a breach of the law with reckless negligence. Causation refers to the way in which the negligence directly caused the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses are emotional trauma as well as suffering and pain. New York is one of the 13 states with absolute comparative fault laws, which means that those who have suffered may still pursue recovery even in the event that they are partly at the fault. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this instance, it's important to work with a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful death case where the victim (or the heirs) have suffered mental or physical injuries. The concept of comparative blame is more complicated in the case of wrongful death. It is crucial to grasp the concept of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will collaborate with the insurance companies to secure the most compensation for your injuries. In addition, if you have several defendants in your case, the concept of joint and numerous liability may apply. This is a system that splits the judgment amongst all defendants if the jury decides that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you get the maximum amount of compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be even more difficult. Victims of injuries are often faced with medical bills, lost income due to not being able to work, and physical discomfort. They also have to worry about how they will pay rent and other expenses that are part of their daily lives. The last thing they want is to be subjected the tactics of a stalling insurance company trying to get them to accept a low settlement offer. Insurance companies are in business to earn money. They do this by denying or cutting your claims. Insurance companies will employ every trick to deny you the money you deserve. 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 attorneys will take on insurance companies and their sneaky tactics. Insurance companies will do everything they can to delay your claim or slow negotiations to save as much as possible. They also try to keep the blame off by claiming that your injuries aren't related to the accident or do not require treatment. They might even claim that the accident was the result of a prior medical condition. In some cases an insurance adjuster might determine an amount for settlement that seems reasonable. This is a typical method that many people fall for. This offer is lower than the amount you'll have to pay to cover medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to be injured while driving or riding in another's vehicle. The most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver is using devices while driving to send or receive messages, make 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 include drunk driving, road conditions and weather. Reckless driving You may be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine who may be responsible for your injuries and damage. Kansas City can also make a claim or a lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone, a policeman must show more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light could cause a serious accident. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face penalties such as fines 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 can cause a driver's insurance rates to go up substantially. 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 very strict and could lead to substantial penalties, including fines and imprisonment. The severity of a penalty depends on a variety of variables like the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements, cell phone records to check for distracted driving, images and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.
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