A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common occurrence in New York City. While the majority of them are collisions between cars, some may cause serious injuries. Anyone injured should dial 911 and seek medical attention immediately.
A New York car accident attorney can assist victims with legal issues following a 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 drivers passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried due to cost-out-of-pocket, it is important to understand exactly what it means and does not mean.
To be eligible for No-Fault Insurance, you must meet some requirements. First and foremost, you must be injured in an accident that occurred in New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist who was struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized provider. Additionally, you must have suffered an "serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these are serious and can have a negative effect on a victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.
After a serious auto accident An attorney can assist you in a number of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the driver who caused the accident.
You may have to pay astronomical medical costs, loss of wages, and other costs after a serious auto accident. No-fault insurance is able to help with these costs and other expenses, so you should seek treatment following an accident, even if you feel okay.
If you are unable return to work, no-fault insurance will pay 80% of your lost wages up to $2,000 per month. It also covers the majority of the cost you incur out-of-pocket, including the cost of household assistance.
Insurance companies often try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as failure to do so may result in denial of benefits retroactively.
Purely comparative fault
In a majority of car accident lawsuits, plaintiffs are either completely or partially responsible for the accident. The law allows injured parties the right to be compensated according to their percentage of fault. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative fault states usually place the limit between 49 and 51 percent.
In a case involving a car accident the plaintiff's legal responsibility for the accident lawyer injury rests on showing two things: negligence and causation. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses are emotional trauma and pain and suffering.
New York is one of the 13 states with strict comparative fault laws which means that injured parties may still pursue recovery even when they are at fault. However, if the claimant is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this situation, it is important to consult with a seasoned attorney.
Comparative fault is applicable to nearly every personal injury or death case where the victim (or the inheritors of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complicated 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 negotiate with the insurance companies to get you the maximum amount of compensation for your injuries.
Joint and several liability can also be a possibility if there are multiple defendants. This system divides the verdict between all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation possible for your injuries.
The tactics of the insurance company
Car accidents are stressful enough, and the aftermath can be more challenging. The victims of injuries typically must deal with medical bills and a loss of income as a result of being unable to work in addition to their physical pain and emotional distress. Rent and other expenses are also a problem. The last thing they need is to be subjected the tactics of a stalling insurance company that is trying to convince them to accept a settlement offer that is low.
Insurance companies are in business to earn money. They do this by denying or reducing your claims. Insurance agents will employ every strategy to prevent you from getting the amount you are entitled to. This is why it's essential to work with an New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits &