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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are a common occurrence. Certain accidents could cause serious injuries even if they're only minor collisions. The injured parties should immediately contact 911 and seek medical care. A New York car accident attorney can help victims with their legal issues following an accident. 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 covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried by out-of-pocket costs It is crucial to know what it does and does not mean. In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. First of all, you must be injured in a vehicle accident that occurred within the state of New York. You must also be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian who was struck by the vehicle. The person injured must be treated in a hospital or an authorized provider. You must also have suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. All of these injuries are serious and could have a negative impact on a 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 following a serious car accident. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They may also file a lawsuit in court on your behalf against the negligent driver responsible for the crash. There is a chance that you will have to pay for astronomical medical expenses, lost wages and other expenses following a serious accident. No-fault insurance will pay for these as well, and you should seek out treatment after a crash, even if you feel well. If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It can also cover the majority of your out-of-pocket costs which includes the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. The requirement to attend is that failure to do so may result in retroactive denials of benefits. Purely faults of a comparative nature In a majority of car accident lawsuits plaintiffs are either completely or partially accountable for the crash. The law allows injured parties the right to recover damages based on their percentage of blame. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount a person could be considered to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a car accident the plaintiff must prove two things to be legally responsible for the crash the other being negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. The causality is the way that the negligence led to the injury. To establish legal liability, the plaintiff must also prove the economic damages caused by their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that the injured party can still claim compensation even if they are partially at fault. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this instance it is crucial to consult with a seasoned attorney. Comparative fault is applicable to any personal injury or wrongful-death situation in which the victim (or heirs) have suffered mental or physical injuries. The concept of comparative fault is more complex in wrongful death cases. It is important to understand the principle of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will help you determine the extent of your own responsibility for the accident and work with insurance companies to ensure you receive the maximum amount of compensation for your injuries. In addition, if have several defendants in your case the concept of joint and several liability could apply. This system splits the verdict among all defendants if the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the highest compensation for your injuries. Insurance company tactics Car accidents are stressful enough, but the aftermath can be more difficult. Victims of injuries are often faced with medical bills, lost income due to inability to go to work and physical discomfort. Rent and other costs of daily living are also a problem. They don't need to be subjected to the stalling tactics used by insurance companies to try and get them to take low settlement offers. Insurance companies are in business to earn money. They do this by refusing or reduce your claims. Insurance agents will employ every method to stop you from obtaining the compensation you deserve. This is why it is essential to work with an New York car accident lawyer to level 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' sly 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 the injuries aren't related to the accident or do not require treatment. They could even argue that your accident was caused by an earlier medical condition. In some instances an insurance adjuster may determine a settlement amount that seems reasonable. This is a classic trick that a lot of people are enticed by. In reality, the price will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for people to sustain injuries when driving a vehicle of another or in their vehicle. The most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving happens when a driver uses devices to send or receive text messages, make phone calls or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather conditions. Reckless driving You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in investigating the crash to determine the parties that might be accountable for your injuries and the damages. They can also initiate a lawsuit or claim against the driver to claim damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of other motorists and people on foot or on bicycles. To convict someone, a policeman must show more than mere negligence or carelessness. This means that the police officer must show that the driver was aware of their actions were likely to cause an accident or put others at risk. In some cases, even a minor traffic infraction can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light could cause a serious accident. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and face fines or even jail time. Unsuspecting driving can cause serious injuries to pedestrians, other drivers, and bicyclists. 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 cause drivers' insurance rates to increase substantially. It is essential to find 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 severe penalties that include fines and jail time. The severity of a penalty depends on a variety of factors, such as the severity of the accident, as well as aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. You Tube experienced reckless driving accident lawyer will know how to find out the cause of a collision and gather evidence to demonstrate your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.