A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are a common occurrence. Certain accidents could cause serious injuries even if they're only minor collisions. The injured party must immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with their legal issues following a crash. They can assist in obtaining compensation for their medical bills and lost wages. No-fault insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. This has helped protect car accident victims against being burdened with out-of pocket costs. However, it is important that you understand what it means. In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a driver or passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The injured person must be treated in a hospital or an authorized provider. Additionally, you must have suffered 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 victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. A lawyer can assist with the legal process in numerous ways after a serious car accident. They can explain your legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They may also file a lawsuit in court on your behalf against the driver who caused the accident. In the aftermath of a serious crash you could face huge medical bills, lost wages, and other expenses. These expenses are covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if you feel like you are fine. If you're unable to return to work, no fault will cover 80 percent of your lost wages up to $2,000 per month. It can also cover many of your out of pocket costs, such as the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must be present at these appointments, since not attending could result in a retroactive denial of benefits. Pure faults that are comparable In a lot of car accident cases, the plaintiffs may be liable in part or full for the incident. The law allows injured parties to recover damages in proportion to their share of fault. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault that the claimant could be considered to have to disqualify them from financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the crash depends on showing two things: negligence and causation. Negligence is the act of breaking the law or acting with unreasonable carelessness. The causality is the way that the negligence led to the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Other non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states that have absolute comparative fault laws, which means that those who have suffered may still pursue recovery even if they are partially at fault. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this instance it is essential to work with a skilled attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be slightly more complicated in wrongful death cases. The principle of comparative fault is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will work with insurance companies to get you the maximum amount of compensation for your injuries. In addition, if you have multiple defendants in your case, the concept of joint and numerous liability could apply. This is a method which splits the verdict among all defendants in the event that the jury determines that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the highest compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be equally stressful. Injured victims are often confronted with medical bills, loss of income due to being unable 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. They don't have to be subjected to the stalling tactics used by an insurance company to try and get them to accept low settlement offers. The reality is that most insurance companies are in the business of making money and do this by denial or reduction of claims. Insurance agents will use every method to deny you the money you deserve. This is why it's so important to hire a New York car accident lawyer to level the playing field. Redwood City at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will take on insurance companies and their devious tactics. In order to save money insurance companies will do whatever they can to delay or derail your claim. They will also try to avoid responsibility by claiming that your injuries aren't caused by the crash or that they don't require treatment. They could even argue that the accident was caused by an earlier medical condition. In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a classic scam that a lot of people are enticed by. This offer is much lower than the amount you'll must pay to cover medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for people to be injured while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, make phone calls, or listens to music while behind the wheel. 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. 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 driver accident lawyer can assist in analyzing the accident to determine the parties that might be accountable for your injuries and the damages. They may also file a claim or lawsuit 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 pedestrians or riders on bicycles. To convict someone the police officer must prove more than mere negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger. In certain instances, even a minor traffic offense can be considered a form of reckless driving in New York. A violation of a stop sign, or a red light could cause 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 pedestrians, other drivers 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 could cause drivers' insurance rates to go up significantly. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is found guilty on a fair basis. The reckless driving laws in New York are extremely strict and could lead to substantial penalties that include fines and jail time. The severity of the penalty is contingent on a variety of factors including the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer will know how to investigate the causes of a crash and gather evidence that will demonstrate your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest amount of compensation for your injuries.
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