Car accidents are a common occurrence in New York City. While most of them are just fender benders, some can cause serious injuries. Anyone injured should dial 911 and seek medical attention right away.
A New York car accident lawyer can assist victims with their legal needs following the crash. They can help victims obtain compensation for medical expenses as well as lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages, and other accident-related costs. While this system has protected car accident victims from being buried by out-of-pocket costs, it is important to know exactly what it does and does not mean.
In order to qualify to benefit from No-Fault insurance, you must meet certain requirements. First and foremost, you must be injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The person injured must be treated at a hospital or an authorized provider. In addition you must have sustained an "serious injury."
Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely severe injuries, and could have a significant negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you're due.
A lawyer can assist you with the legal process in a variety of ways after a serious car accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the accident.
After a serious car accident you could be faced with huge medical expenses, lost wages and other expenses. These expenses are paid for by no-fault insurance and you should seek treatment immediately following a car crash even if it seems like you're fine.
If you are unable return to work, no-fault insurance will pay 80% of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket expenses, like 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 retroactive denials of benefits.
Pure faults of a comparative nature
In a lot of car accident lawsuits plaintiffs are either completely or partially accountable for the incident. The law gives injured parties to receive damages based on their percentage of blame. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent.
In a car accident case the plaintiff's legal liability for the accident is contingent upon proving two things that are causation and negligence. Negligence is the act of breaking an act of law, or acting with unreasonable negligence. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility the plaintiff has to demonstrate the economic loss caused by their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma, suffering and pain.
New York is among the 13 states with a pure comparative-fault law. This means that the injured party can still claim compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at fault, they are unable to claim damages. In this case it is crucial to work with an experienced attorney.
Comparative fault is applicable to any personal injury or wrongful death case in which the victim (or their heirs) have suffered physical or mental damages. However the concept of comparative fault can be somewhat more complex in wrongful death cases.
It is important to understand the concept of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will help you determine the severity of your own responsibility for the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries.
In addition, if have multiple defendants in your case the concept of joint and several liability could be applicable. This is a system that splits the judgment amongst all defendants in the event that the jury finds that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the most amount of compensation for your injuries.
Tactics of the Insurance Company
The aftermath of a car accident can be equally stressful. Victims of injuries often have to deal with medical bills as well as a loss of income as a result of being incapable of working in addition to their physical pain and emotional stress. Rent and other expenses are also a major concern. They don't need to be subjected the stalling tactics used by insurance companies to try and get them to accept lower settlement offers.
Insurance companies are in business to earn money. They do this by refusing or reduce your claims. Insurance companies will employ every trick to deny you the compensation you deserve. This is why it is crucial to find an New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their shady tactics.
In order to save money, insurance companies will do whatever they can to delay or derail your claim. They also try to avoid responsibility by arguing that the injuries are not directly related to the crash or do not require treatment. They may even argue that you suffer from a previous medical condition that is the reason for your crash.
In some instances an insurance adjuster might arrive at an amount of settlement that appears reasonable. This is a common tactic that many people fall prey to. In reality, the price will be much lower than what you really need to pay for medical treatment and other damages.
The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to get injured when driving or riding in a person's vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving is when a driver is using a device to send or receive text messages, make phone calls or listens to music driving. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions.
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 assist in investigating the crash to determine the parties that might be responsible for your injuries and the damages. They could also make a claim or lawsuit against the driver in order to claim damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or cyclists, pedestrians, and cyclists in danger. In order to convict someone of this crime, a police officer must demonstrate more than mere carelessness or negligence. This means that the officer must prove that the driver was aware of their actions were likely to cause an accident or put others at risk.
In some instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. For example driving through a red light or stop sign could result in a serious accident and injury. If a driver is caught driving recklessly, they might be found guilty of misdemeanor charges and could face fines or jail time.
Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense could result in the addition of points to your license as well as hefty fines. This could cause 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.
New York's reckless driving laws are very strict and could lead to substantial penalties, including fines and imprisonment. The severity of the penalty depends on a number of factors including the severity of the crash and whether there were any aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended.
An attorney for reckless driving who has experience will be able to determine the cause of an accident and gather evidence to show your innocence. This could include witness statements, phone records to check 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 file and defend insurance claims or lawsuits to secure the highest amount of compensation for your injuries.
