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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. While the majority of them are simply fender benders, some can cause serious injuries. The injured parties should immediately call 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal requirements after a crash. They can assist them in obtaining compensation for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical costs, lost wages and other accident-related costs. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket costs. However, it is important to understand what it means. To qualify for No-Fault Insurance, you must meet some requirements. You must first and foremost have been injured in an accident in New York. You must also be a driver, passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The injured party must also be treated at a hospital or an authorized provider. In addition you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries, and can have a devastating negative impact on the life of the victim. A New York injury lawyer can assist you if been injured in a serious New York car accident. A lawyer can assist 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 can also make a court filing on your behalf against the driver who caused the accident. You may have to pay for astronomical medical expenses along with lost wages, and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek treatment immediately after a car accident even if you feel like you're fine. If you're unable to return to work, no fault will pay for 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out of pocket costs, including the cost of household assistance. Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must be present at these appointments, since failing to do so could result in an appeal to the benefits. Pure comparative fault In a majority of car accident lawsuits plaintiffs are partially or completely accountable for the crash. The law grants injured parties to be compensated according to their percentage of fault. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault which limits the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states usually place the limit between 49 and 51 percent. In a car accident case the plaintiff's legal liability for the accident rests on showing two things: negligence and causation. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly caused the injury. To establish legal liability, the plaintiff must also demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income, and travel expenses to appointments. Non-economic losses are emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that injured parties can still claim compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at fault, they are exempt from any claim for damages. In this instance it is essential to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful-death instance where the victim (or their heirs) have suffered physical or mental damages. The concept of comparative blame is more complex in wrongful death cases. It is important to understand the principle of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and work with insurance companies to ensure that you get the maximum amount of compensation for your injuries. Joint and several liability could also apply if there are multiple defendants. The system splits the verdict among all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum compensation possible for your injuries. Strategies of insurance companies Car accidents are stressful enough, but the aftermath can be even more challenging. The injured victims are often confronted with medical bills, loss of income due to not being able to work, and physical discomfort. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. They don't have to be subjected the stalling tactics used by insurance companies to try and get them to accept lower settlement offers. The reality is that most insurance companies are focused on making money, and they do it by denying or reducing claims. Insurance companies will employ any method to stop you from obtaining the amount you deserve. This is why it's crucial to find a New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sneaky strategies. In order to save money insurance companies will do everything they can to delay or stall your claim. They may also attempt to avoid liability by arguing that the injuries aren't related to the accident or do not require treatment. They may even argue that you have a prior medical issue that is responsible for the crash. In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall to. In reality, this offer will be significantly lower than what you really need to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. However, it is not uncommon for people to get injured while driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver uses a device while driving to send or receive text messages, make phone calls, or listen to music. 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 driving accident lawyer can help examine the crash to determine all parties that could be liable for your injuries and losses. They may also file a lawsuit or claim against the driver to collect damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists in danger. To convict someone, a policeman must show more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could cause an accident or put others in danger. In certain instances even a minor traffic offense can be viewed as a form of reckless driving in New York. For instance driving through the red light or stopping sign could lead to an accident that is serious and cause injury. If an individual driver is found be driving recklessly, they may be convicted of a misdemeanor crime and be subject to either a fine or jail sentence. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and could face hefty fines. This could cause driver's insurance rates to increase significantly. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless-driving laws are very strict and can result in significant penalties, including fines and jail time. Little Rock injury attorney of the penalty depends on a variety of variables, such as the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A reckless driving accident attorney with experience can determine the root of the accident and gather evidence to demonstrate your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.