A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are frequent. Some of these accidents can cause serious injuries even if they're just minor collisions. The injured party should call 911 and seek medical attention right away.
A New York car accident lawyer can assist victims with their legal requirements following the crash. They can help victims obtain 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, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried by expenses out of pocket, it is important to know what it is and what it does not mean.
To qualify for No-Fault Insurance you must satisfy certain requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian who was struck by the vehicle. The injured party must also be treated at a hospital or an authorized provider. You must have also suffered "a serious injury."
Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or www.accidentinjurylawyers.claims death. These are all extremely severe injuries, and can have a devastating negative impact on the victim's life. A New York injury lawyer can assist you if been injured in a major New York car accident.
A lawyer can help you with the legal process in many ways after a serious car accident. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the negligent driver who caused the accident.
After a serious car accident you could face astronomical medical bills, lost wages, and other expenses. These expenses can be paid for by no-fault insurance and you should seek treatment immediately following a collision even if you feel like you're fine.
If you cannot return to work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It can also cover an important portion of your out-of-pocket expenses which includes the cost of household help.
Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since the absence of this could result in denial of benefits retroactively.
Purely comparative fault
In many car accident cases, the plaintiffs may be held to be fully or partially responsible for the accident. The law permits injured parties to seek damages based on the percentage of the blame that is attributable to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount that a claimant could be considered to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent.
In a case involving a car accident the plaintiff's legal responsibility for the crash depends on demonstrating two things such as negligence and causation. Negligence is the violation of the law or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly led to the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses include emotional trauma and suffering and pain.
New York is among the 13 states with a pure comparative-fault law, which means that injured parties may still be able to claim compensation even if they were partially at fault. However, if the claimant is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this situation it is essential to work with a knowledgeable lawyer.
Comparative fault can be applied to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in the case of wrongful death.
The concept of comparative fault is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will work with the insurance companies to get you the most compensation for your injuries.
Additionally, if you have multiple defendants in your case the concept of joint and several liability may apply. This is a method that splits the judgment amongst all the defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation for your injuries.
Tactics of the Insurance Company
The aftermath of a car crash can be just as stressful. Victims of injuries are often faced with medical bills, lost income due to inability to work or suffer physical pain. Rent and other costs of daily living are also a major concern. The last thing they want is to be subjected the tactics of a stalling insurance company that is trying to get them to accept a settlement offer that is low.
The fact is, most insurance companies are in the business of making money and they do this by denying or reducing claims. Insurance agents will use every method to deny you the compensation you are entitled to. This is why it's essential to work with a New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits &