tightspickle3

A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. While most of them are simply accidents that cause fender benders, a few can cause serious injuries. The injured party should immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal issues following the crash. They can assist in obtaining compensation for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are automatically protected by their own auto insurance policies for medical expenses, lost wages, and other related expenses. While this system has protected car accident victims from being buried by cost-out-of-pocket, it is important to understand exactly what it is and what it does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First of all you must be injured in a car accident that took place in the state of New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The person who was injured must be treated in a hospital or by a certified medical professional. In addition, you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. All of these injuries are serious and can have a negative effect on a victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. Glendale injury attorney can help you understand your legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They can also file a lawsuit in court on your behalf against the driver who caused the accident. You could be required to pay astronomical medical costs, lost wages and other expenses after a serious auto accident. No-fault insurance can help with these costs, and you should always seek treatment following a crash, even if you feel well. If you are unable return to work, no-fault insurance will cover 80% of your lost wages up to $2,000 per month. It can also cover a large portion of your out-of-pocket costs such as the cost of household help. Insurance companies frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failure to do so may result in denial of benefits retroactively. Purely comparative fault In a lot of car accident lawsuits plaintiffs are partially or completely responsible for the accident. The law grants injured parties to be compensated based on their percentage of the fault. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault that a claimant can be deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the accident: negligence and causality. Negligence is the violation of a law, or acting with unreasonable negligence. Causation refers to the way in which the negligence directly led to the injury. To establish legal liability the plaintiff has to show the economic losses caused by their injuries, for example, medical bills, lost income, and travel expenses to appointments. Other non-economic losses include emotional trauma and pain and suffering. New York is among the 13 states that have a strict comparative-fault law, which means that the injured party may still be able to claim compensation even if they were partially responsible. However, if the person seeking compensation is found to be more than 50% at the fault, they will be exempt from any claim for damages. In this situation it is crucial to consult with a seasoned attorney. Comparative fault applies to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complex in cases of wrongful deaths. It is crucial to grasp the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and multiple liability may also apply if there are several defendants. This system divides the verdict between all defendants when the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be equally stressful. The victims of injuries typically confront medical expenses and loss of income due to being incapable of working, not to mention their emotional and physical pain. Rent and other expenses are also a problem. The last thing they need is to be subjected to the tactics of a stalling insurance company trying to convince them to accept a low settlement offer. The reality is that most insurance companies are in the business of making money and they do this by denial or reducing claims. Insurance agents will use every method to deny you the compensation you are entitled to. This is why it is essential to work with a New York car accident lawyer 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 attorneys will stand up to insurance companies and their devious tactics. To save money, insurance companies will do anything they can to delay or derail your claim. They also try to keep the blame off by claiming that your injuries aren't related to the accident or do not require treatment. They may even claim that the crash was the result of a prior medical condition. In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a typical trick that many people are enticed by. In reality, this offer is significantly less than what you actually need to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to get injured while driving or riding in another's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving happens when a driver is using a device while driving to send or receive texts or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes are drunk driving, road conditions, and weather conditions. Reckless driving You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify all parties that could be responsible for your injuries and losses. They may also file a claim or lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or pedestrians and cyclists at risk. To convict someone the police officer has to prove more than mere negligence or carelessness. This means that the police officer must prove that the driver knew their actions were likely to cause an accident or put others in danger. In some instances even a minor traffic violation can be considered a form of reckless driving in New York. Running a stop sign or red light can result in a serious accident. If an individual driver is found be driving recklessly, they may be convicted of a misdemeanor crime and be subject to either a fine or jail sentence. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this type of offense can result in the addition of points to your driver's license, as well as hefty fines. This could result in driving's premiums rising substantially. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws regarding reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of the penalty depends on a variety of factors, including the severity of the accident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended. A seasoned reckless driving accident lawyer knows how to determine the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photographs and videos from the scene of the crash and official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.