germanthread35

A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. While the majority of them are just accidents that cause fender benders, a few can cause serious injuries. Injured parties should call 911 and seek medical attention immediately. A New York car accident lawyer can assist victims with their legal issues after the 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 drivers passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other related expenses. This has helped protect the victims of car accidents from being weighed down by out-of-pocket expenses. However, it is important to understand what it means. To qualify for No-Fault Insurance You must satisfy some requirements. First of all, you must be injured in a car 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 cyclist or pedestrian struck by the vehicle. The injured party also must be treated in a hospital or by a licensed provider. In addition you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these injuries are severe and can have a negative impact on the life of a victim. A New York injury lawyer can assist you if been injured in a major New York car accident. In the aftermath of a serious auto crash, 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 may also make a court-filed lawsuit on your behalf against the negligent driver who caused the accident. You may have to pay astronomical medical costs, lost wages and other expenses after a serious auto accident. No-fault insurance will help with these costs, and you should always seek treatment following an accident, even if you feel fine. If you're unable to return to work, no-fault will pay for 80 percent of your lost wages up to $2,000 per month. It also covers a large portion of the cost you incur out-of-pocket which includes the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. It is mandatory to attend, since failure to do so may result in denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits, the plaintiffs are either completely or partially responsible for the accident. The law allows injured parties to recover damages in proportion to the percentage of fault that can be assigned to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to have to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent. In a car accident, the plaintiff must prove two elements to be legally responsible for the accident: negligence and causality. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. The causality is the manner the negligence caused the injury. To prove legal responsibility, the plaintiff must also prove the economic damages resulted from their injuries, such as medical bills, lost income and travel costs to appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is one of the 13 states with pure comparative fault laws, which means that the injured party are still able to seek compensation even when they are at the fault. If the claimant is found to be more than 50 percent responsible, they are not able to claim damages. In this case it is crucial to consult with a seasoned attorney. Comparative fault applies to almost any personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complicated in cases of wrongful deaths. It is important to understand the concept of comparative negligence when filing claims 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 that you get the maximum compensation possible for your injuries. Additionally, if you have multiple defendants in your case the concept of joint and multiple liability may apply. This system divides the verdict between all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be even more challenging. Injured victims often must deal with medical bills as well as a loss of income from being incapable of working and suffer from physical pain and emotional distress. Rent and other expenses are also a concern. The last thing they need is to be sucked into the tactics of an insurance company who is trying to convince them to accept a low settlement offer. The fact is, most insurance companies are in the business of making money and do this by denying or cutting claims. Insurance agents will use every tactic possible to deny you the money you deserve. It is crucial to employ 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 fight insurance companies' sly tactics. In order to save money, insurance companies will do whatever they can to delay or stall your claim. They also try to avoid liability by arguing that the injuries are not related to the accident or do not require treatment. They may even argue that you had a prior medical condition that is to blame for the crash. In some cases an insurance adjuster might determine a settlement amount that seems reasonable. This is a common tactic that many people fall prey to. This offer is much lower than the amount you'll need to pay in order to cover medical expenses 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 get injured when driving or riding in another's vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving is when a driver uses a device to send or receive text messages, makes phone calls, or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine the parties that could be responsible for your injuries and the damages. They may also make a claim or lawsuit against the driver in order to recover damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or cyclists, pedestrians, and cyclists at risk. To find someone guilty, a policeman must show more than just negligence or recklessness. Atlanta injury lawyer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger. In some instances, even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance driving at a red light or stop sign could cause serious injuries and accidents. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor offense and could face an indictment or a fine. Incorrect driving can cause serious injuries to pedestrians, bicyclists, and motorists. If convicted of this crime will be subject to points added to their licenses and could face large fines. This can cause a driver's insurance rates to go up substantially. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner. The reckless driving laws in New York are extremely strict and could result in substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of factors, such as the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended. A seasoned reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence that will demonstrate your innocence. The evidence could include witness statements and phone records to determine whether 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 compensation for your injuries.