15 Reasons You Must Love New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular event in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. The injured party must immediately call 911 and seek medical attention.
A New York car accident lawyer can help victims with their legal requirements after a crash. They can help victims obtain compensation for medical bills and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other related expenses. While this system has protected car accident victims from being buried by out-of-pocket costs but it is essential to know what it is and what it does not mean.
In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain criteria. First and foremost you must be injured in a motor vehicle accident that took place in the state of New York. You must also be a driver, passenger in the insured vehicle or a cyclist or pedestrian struck by the vehicle. The injured party must also be treated in a hospital or an authorized provider. Additionally you must have sustained a "serious injury."
Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries, and can have a devastating negative impact on the person's life. A New York injury lawyer can help you if you have been injured in a major New York car accident.
After a serious auto accident A lawyer can help 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 initiate a court action on your behalf against the person who caused the accident.
You may have to pay astronomical medical costs along with lost wages, and other expenses following a serious car accident. No-fault insurance will help with these costs, and you should always seek out treatment after an accident, even though you feel fine.
If you are unable to return to work, no-fault insurance will pay for 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 help.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. The requirement to attend is that the absence of this could result in denial of benefits retroactively.
Purely comparative fault
In many car accident cases the plaintiffs could be partially or fully responsible for the incident. The law grants injured parties to recover damages based on their percentage of the fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be considered to have in order to keep them from being eligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal liability for the accident rests on showing two things that are causation and negligence. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. The causality is the manner in which the negligence caused the injury. To prove legal responsibility the plaintiff has to prove the economic damages that result from their injuries for example, medical bills, lost income, and travel costs to appointments. Other non-economic losses include emotional trauma as well as suffering and pain.
New York is one of the states that have strict comparative fault laws which means that the injured party may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this instance it is essential to work with an experienced attorney.
Comparative fault can be applied to any personal injury or wrongful death situation in which the victim (or the heirs) have suffered physical or mental damages. However, the concept of comparative fault is a bit more complicated in wrongful death cases.
The concept of comparative blame is crucial to know when making claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and work with insurance companies to ensure you receive the maximum compensation possible for your injuries.
In addition, if have several defendants in your case, the concept of joint and numerous liability may apply. This is a method that splits the judgment amongst all the defendants if the jury finds that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries.
Insurance Company Tactics
Car accidents are stressful enough, and the aftermath can be even more difficult. Injured victims are often confronted with medical bills, lost income due to being unable to work, and physical pain. Rent and other daily expenses are also a concern. The last thing they want is to be sucked into the tactics of a stalling insurance company trying to get them accept a settlement offer that is low.
Insurance companies exist to make money. They do this by refusing or cutting your claims. Insurance agents will employ every tactic they can to prevent you from receiving the amount you deserve. This is why it's essential to work with 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 lawyers will take on insurance companies' devious tactics.
In order to save money, insurance companies will do everything they can to delay or derail your claim. They will also try to avoid responsibility by claiming that your injuries are not caused by the crash or that they don't require treatment. They might even claim that you suffer from a previous medical condition that is the reason for the crash.
In some cases the insurance adjuster might offer a settlement that appears reasonable. This is a typical method that a lot of people fall for. In reality, the price will be much lower than the amount you will actually have to pay for medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance coverage. However, it is not uncommon for people to be injured when driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver uses devices while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.
Reckless driving
You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine all parties that could be responsible for your injuries and the damages. They could also file a lawsuit or claim against the driver to recover damages.
The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that endangers the lives and safety of other motorists and people on foot or on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light could result in a serious accident. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and could face fines or even jail time.
Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their license and could be subject to hefty fines. look these up can cause a driver's insurance rates to rise substantially. It is essential to find 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 including fines and prison. The severity of the penalty depends on a variety of variables including the severity of an accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.
A seasoned reckless driving accident lawyer knows how to determine the causes of a crash and gather evidence to show your innocence. The evidence could include witness statements and phone records to look for distracted driving, photographs and videos of the scene of the crash, official medical reports, and toxicology reports. They will file and defend insurance claims or lawsuits to ensure you receive the maximum amount of compensation for your injuries.