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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

New York City is a city where car accidents are frequent. While most of them are just fender benders, some can cause serious injuries. The injured party must immediately contact 911 and seek medical attention.

A New York car accident attorney can assist victims with legal issues following an accident. They can help victims obtain compensation for medical expenses as well as lost income.

No-fault Insurance

New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other related expenses. While this system has protected car accident victims from being buried due to expenses out of pocket, it is important to understand exactly what it is and what it does not mean.

To be eligible for No-Fault insurance, you must meet some requirements. In the first place, you must be injured in a vehicle 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 who was struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. You must have also 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 a victim’s life. A New York injury lawyer can assist you if been injured in a major New York car accident.

A lawyer can assist you with the legal process in many ways after a serious car accident. They can provide you with legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the crash.

In the aftermath of a serious crash you could be faced with huge medical bills, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately following a car crash, even if it feels like you are fine.

If you are unable return to work, no-fault insurance will pay 80 percent of your lost wages up to $2,000 per month. It also covers a number of your out-of-pocket costs, such as the cost of household assistance.

Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, as not attending could result in the denial of benefits retroactively.

Pure comparative fault

In a lot of car accident cases plaintiffs may be liable in part or full for the incident. The law permits injured parties to seek damages in proportion to the percentage of blame that can be attributable to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which caps the amount of fault an individual claimant is deemed to have to exclude them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.

In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the accident that is, negligence and causality. Negligence refers to breaking a law or committing an act with reckless carelessness. The causality is the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, such as 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 among the 13 states that have a strict comparative-fault law. This means that those who are injured can still seek compensation if they were partially responsible. If the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this case, it’s important to consult with a reputable lawyer.

Comparative fault applies to almost every personal injury or death case where a victim (or the descendants of the deceased) has suffered physical or emotional damages. However the concept of comparative fault can be somewhat more complex in wrongful death cases.

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 determine the extent of your own contribution to the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries.

In addition, if have several defendants in your case the concept of joint and numerous liability may apply. This system splits the verdict among all defendants if 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 amount of compensation for your injuries.

Insurance company tactics

Car accidents are stressful enough, accidentinjurylawyers.Claims and the aftermath can be more difficult. Victims of injuries often confront medical expenses and loss of income from being in a position of no work, not to mention their emotional and physical pain. They also have to think about whether they can afford rent and other expenses that are part of their daily lives. The last thing they need is to be subjected the tactics of an insurance company who is trying to get them to accept a settlement offer that is low.

Insurance companies exist to make money. They do this by denying or reduce your claims. Insurance companies will employ every tactic possible to deny you the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies and their devious tactics.

Insurance companies will do everything they can to delay your claim or slow negotiations to save as much money as possible. They may also attempt to avoid liability by arguing that your injuries aren’t connected to the accident or that they do not require treatment. They could even argue that the crash was the result of a prior medical condition.

In some cases, an insurance adjuster will come up with a settlement amount that seems reasonable. This is a trick that many people fall to. In reality, this offer will be significantly lower than what you really need to pay for your medical treatment and other damages.

New York law requires that all drivers have no-fault insurance. It is not unusual for people to sustain injuries when driving a vehicle of another or in their vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving happens when a driver uses devices to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes include drunk driving, road conditions, and weather.

Reckless driving

You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help examine the crash to determine the parties responsible for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover damages.

The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that puts at risk the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger.

Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in a serious accident. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor and face either a fine or jail sentence.

Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this crime can result in the addition of points to your license as well as substantial fines. This could cause drivers’ insurance rates to go up substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.

The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and jail time. The severity of a penalty depends on a number of factors like the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction can also result in a driver’s license being suspended.

A reckless driving accident lawyer with experience will know how investigate the causes of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.