fatlier9

A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Although the majority of them are fender benders, some can result in serious injuries. The injured party should immediately call 911 and seek medical attention. A New York car accident attorney can assist victims with legal issues following the crash. They can help victims get compensation for medical expenses as well as 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 own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected those who have been injured in car accidents from being weighed down by out-of-pocket costs. However, it is important that you understand what it means. In order to qualify for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost, you must be injured in an accident that occurred in New York. You must be a driver or passenger in the insured vehicle or a cyclist or pedestrian who was struck by the vehicle. The injured party also must be treated in a hospital or by a certified medical professional. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. These are all extremely severe injuries, and can have a devastating negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident. A lawyer can help you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also bring a lawsuit to court on behalf of you against the driver who caused the accident. Following a serious car crash you could face astronomical medical expenses, lost wages and other costs. No-fault insurance will cover these costs, and you should always seek out treatment after a crash, even if you feel okay. If you are unable to return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It can also cover an important portion 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. It is mandatory to attend, since failing to attend could result in denial of benefits retroactively. Purely comparative fault In many car accident lawsuits plaintiffs are either completely or partially accountable for the crash. The law allows injured parties to recover damages in proportion to their share of fault. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount that a claimant may be deemed 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 case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon showing two things: negligence and causation. Negligence is the violation of the law or committing an act of negligence that is unreasonable. Causation is the process by which the negligence directly led to the injury. To prove legal responsibility the plaintiff must show the economic losses caused by their injuries, like medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, suffering and pain. New York is one of the 13 states that have pure comparative fault laws, which means that the injured party can still seek recovery when they are at fault. However, if the claimant is found to be more than 50 percent at fault, they are exempt from any claim for damages. In this situation it is essential to consult with a reputable attorney. Comparative fault can be applied to almost any personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complicated in wrongful death cases. It is important to understand the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident and will work with insurance companies to ensure that you receive the most compensation you can for your injuries. In addition, if have multiple defendants in your case the concept of joint and numerous 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 liable for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries. The tactics of the insurance company Car accidents are stressful enough, and the aftermath can be more difficult. Oakland injury lawyer injured victims are often confronted with medical bills, lost income due to not being able to work or suffer physical pain. Rent and other costs of daily living are also a problem. They don't have to be subjected the stalling tactics used by an insurance company to convince them to accept low settlement offers. Insurance companies are in business to make money. They do this by denying or reducing your claims. Insurance representatives will use any strategy to prevent you from obtaining the amount you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will take on insurance companies and their sneaky tactics. To save money insurance companies will do everything they can to delay or stall your claim. They will also try and avoid responsibility by arguing that your injuries aren't related to the accident or that they do not require treatment. They might even claim that you have a prior medical condition that is the reason for the crash. In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a common method that a lot of people fall for. The offer is significantly less than the amount you must pay to cover medical expenses and other damages. New York law requires that all drivers carry no-fault coverage. It is not uncommon for people to be injured while driving another person's car or in their vehicle. The most frequent 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 while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you examine the crash to determine the parties accountable for your injuries and losses. They can also make a claim or a 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. In order to convict someone of this crime the police officer must show more than just negligence or recklessness. 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 certain instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. For instance, running the red light or stopping sign could lead to an accident that is serious and cause injury. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines or even jail time. Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, as well as hefty fines. This can cause a driver's insurance rates to go up significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are quite strict and can result in substantial penalties, including fines and imprisonment. The severity of a penalty is contingent on a variety of factors including the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident attorney who has experience will be able to determine the cause of an accident and gather evidence to prove your innocence. This evidence might include witness statements, cell phone records to check for distracted driving, photos and videos of the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum compensation for your injuries.