New York Accident Lawyer A Simple Definition

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 most of them are fender benders, some can cause serious injuries. Anyone injured should dial 911 and seek medical attention immediately.
A New York car accident attorney can help victims with their legal issues after an accident. They can help victims get compensation for medical expenses and lost income.
No-fault Insurance
New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other incident-related expenses. This system has safeguarded the victims of car accidents from having to pay out-of-pocket costs. However it is crucial to know what it means.
To be eligible for No-Fault Insurance, you must meet some requirements. In the first place you must have been injured in a motor vehicle accident that occurred in the state of New York. You Tube must be a driver, passenger or pedestrian of the insured vehicle. The injured person must be treated in an accredited hospital or provider. In addition you must have suffered an "serious injury."
New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these are serious and can have a 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 assist you in obtaining the compensation you're due.
A lawyer can assist with the legal process in many ways following a serious auto accident. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the driver who caused the accident.
After a serious car accident, you may be facing massive medical bills, lost wages and other expenses. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a car crash even if you feel like you are fine.
If you are unable to return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It can also cover the majority of the cost you incur out-of-pocket which includes the cost of household help.
Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or 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 cases the plaintiffs could be liable in part or full for the incident. The law grants injured parties the right to receive damages in proportion to their share of the fault. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount a claimant may be deemed to have to prevent them from receiving financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent.
In a car accident case, the plaintiff's legal responsibility for the crash depends on proving two things such as negligence and causation. Negligence is the act of breaking a law or committing an act in reckless disregard. Causation refers to how the negligence directly contributed to the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses that result from their injuries such as medical bills, lost income, and travel expenses for appointments. Non-economic losses include 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 the injured party could still be able to seek compensation if they were partially at fault. However, if the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this instance it is crucial to work with a skilled attorney.
Comparative fault applies to any personal injury or wrongful death case in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative blame is more complicated in the case of wrongful death.
It is important to understand the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
In addition, if have several defendants in your case the concept of joint and multiple liability could be applicable. This is a method that splits the judgment amongst all defendants if the jury decides that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you get the maximum amount of compensation for your injuries.
Insurance Company Tactics
Car accidents can be stressful enough, but the aftermath can be even more challenging. Victims of injuries are often faced with medical bills, lost income due to inability to work or suffer physical pain. Rent and other daily expenses are also a major concern. The last thing they want is to be sucked into the tactics of a stalling insurance company trying to convince them to accept a settlement offer that is low.
The reality is that most insurance companies are in the business of making money and they do it by denying or cutting claims. Insurance agents will use every trick to deny you the money you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their shady tactics.
In order to save money insurance companies will do anything they can to delay or stall your claim. They will also try to evade responsibilities by arguing that your injuries aren't directly related to the crash, or they do not require treatment. They might even claim that you suffer from a previous medical issue that is responsible for the crash.
In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a classic trick that many people fall for. This offer is much lower than the amount you'll must pay to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for people to suffer injuries while driving another person's car or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver uses an electronic device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents include drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine all parties who may be accountable for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that endangers the lives and safety of other motorists and people on foot or on bicycles. To find someone guilty the police officer has to prove more than mere negligence or recklessness. This means that the officer must show that the driver was aware of their actions could cause an accident or put others at risk.
Even minor traffic violations can be considered reckless driving in New York. For instance driving through the red light or stopping sign could result in serious injuries and accidents. If a driver is found driving recklessly, he or she could be found guilty of misdemeanor charges and could face penalties such as fines or jail time.
Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can lead to the addition of points to your driver's license, and hefty fines. This could cause drivers' insurance rates to increase substantially. It is essential to find an New York reckless driving accident attorney to ensure that the driver is held accountable in a fair manner.
The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of the punishment depends on a number of factors, including the severity of the incident and whether there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence.
A reckless driving accident attorney who has experience will know how investigate the root of the accident and gather evidence to demonstrate your innocence. This could include witness statements, cellphone records to look for distracted driving, photos and videos from the scene of the accident, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.