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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 common. Certain accidents could cause serious injuries, even if they are just minor collisions. The injured party must immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal issues after the crash. They can assist them in obtaining compensation for their medical bills 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 expenses, lost wages, and other accident-related expenses. This system has protected those who have been injured in car accidents from having to pay out-of-pocket costs. However, it is important that you understand what it means. To be eligible to benefit from No-Fault insurance, you have to meet certain criteria. You must first and foremost have been injured in an accident in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured person must be treated at an accredited hospital or provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. These are all extremely serious injuries that can have a devastating negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due. A lawyer can assist with the legal process in many ways following a serious auto accident. They can help you understand your legal options, conduct an extensive investigation, and engage with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the negligent driver responsible for the crash. After a serious car accident, you may be facing huge medical bills, lost wages and other expenses. No-fault insurance can help with these costs as well, and you should seek out treatment after an accident, even if you feel okay. If you're unable to return to work, no-fault will cover 80 percent of your wages lost up to $2,000 per month. It also covers an important portion of your out-of-pocket costs which includes the cost of household assistance. Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, because failing to do so could result in the denial of benefits retroactively. Pure faults that are comparable In many car accident cases plaintiffs may be held to be fully or partially responsible for the accident. The law allows injured parties to recover damages based on the proportion of fault that can be assigned to them. This is known as pure comparative negligence. Pure comparative is different from modified comparative, which limits the amount a claimant could be found to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent. In a case involving a car accident the plaintiff's legal liability for the accident is contingent upon showing two things such as negligence and causation. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly led to the injury. To establish legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses can include emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured may still be able to seek compensation if they were partially at fault. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this case it is crucial to work with a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful-death case in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complex in cases of wrongful deaths. It is crucial to grasp the concept of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will help you determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure you receive the maximum amount of compensation for your injuries. Additionally, if youtube.com have several defendants in your case, the concept of joint and several liability could be applicable. This is a method that divides the judgment between all defendants in the event that the jury decides that you are jointly and multiplely responsible for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car crash can be as stressful. Injured victims often have to deal with medical bills as well as a loss of income due to being in a position of no work in addition to their physical pain and emotional stress. They also have to worry about how they will pay rent and other expenses that are part of their daily lives. The last thing they need is to be subjected to the stalling tactics of an insurance company that is trying to get them accept a settlement offer that is low. Insurance companies exist to earn money. They do this by denying or reduce your claims. Insurance agents will use every trick to deny you the money you deserve. This is why it is essential to work with a New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their sneaky tactics. To save money insurance companies will do whatever they can to delay or stop your claim. They may also attempt to avoid accountability by arguing that your injuries are not related to the crash or do not require treatment. They may even claim that your accident was caused by an earlier medical condition. In certain cases an insurance adjuster may arrive at a settlement amount that seems reasonable. This is a trick that a lot of people fall to. The offer is significantly less than the amount you need to pay in order to cover your medical expenses and other damage. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to be injured when driving a vehicle of another or riding in their vehicle. Some of the most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving is when a driver is using devices to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify all parties that could be responsible for your injuries and losses. They could also make a claim or lawsuit against the driver in order to collect damages. The New York criminal code defines reckless driving as operating the vehicle in a way that endangers the lives and safety of other motorists and people on foot or on bicycles. In order to convict someone of this crime, a police officer must prove more than negligence or carelessness. This means that the officer must prove that the driver was aware of their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For example, running the red light or stopping sign could lead to an accident that is serious and cause injury. If the driver is found to be driving recklessly, they may be found guilty of a misdemeanor and could face a fine or jail time. Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime could result in the addition of points to your license, and hefty fines. This could result in driving's premiums rising significantly. It is crucial to employ a New York reckless driving accident attorney to ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on a number of factors, including the severity of the incident and whether or not there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license. A reckless driving accident lawyer who is experienced will know how investigate the causes of an accident and gather evidence to prove your innocence. The evidence could include witness statements as well as phone records to determine whether 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 ensure you receive the maximum compensation for your injuries.