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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 just accidents that cause fender benders, a few can result in serious injuries. The injured party should immediately call 911 and seek medical attention. A New York car accident attorney can help victims with their legal issues following a crash. They can help victims get compensation for medical expenses as well as lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical costs, lost wages and other related costs to an accident. While this system has helped protect car accident victims from being buried by out-of-pocket costs but it is essential to know exactly what it is and what it does not mean. In order to qualify for the benefits of No-Fault insurance, you must meet certain criteria. First of all you must be injured in a car accident that took place in the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. You must also have suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. All of these injuries are severe and could have a negative impact on a victim's life. A New York injury lawyer can help you if you have been injured in a serious New York car accident. A lawyer can help you with the legal process in many ways following a serious auto accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also file a lawsuit in court on behalf of you against the driver responsible for the crash. There is a chance that you will have to pay for astronomical medical expenses along with lost wages, and other expenses after a serious auto accident. No-fault insurance will help with these costs, and you should always seek out treatment after an accident, even though you feel okay. If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages 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 show up for these appointments, as failure to attend could result in an appeal to the benefits. Pure faults that are comparable In many car accident cases the plaintiffs could be liable in part or full for the incident. The law gives injured parties the right to recover damages based on their percentage of the fault. This is referred to as pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a person may be deemed to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In a car accident case the plaintiff's legal liability for the accident is contingent upon demonstrating two things such as negligence and causation. Negligence is the act of breaking an act of law, or acting with unreasonable negligence. The causality is the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as pain and suffering. New York is one of the states that have absolute comparative fault laws, which means that the injured party may still pursue recovery even when they are at the fault. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this case it is essential to work with a skilled attorney. Comparative fault can be applied to any personal injury or wrongful-death instance where the victim (or heirs) have suffered physical or mental damages. The concept of comparative fault is more complex in wrongful death cases. The principle of comparative fault is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will collaborate with insurance companies to ensure that you receive the most compensation for your injuries. Joint and several liability can be used in the event of several defendants. This system divides the verdict among all defendants if a jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, and the aftermath can be more difficult. The injured victims are often faced with medical bills, lost income due to being unable to go to work and physical pain. They also have to worry about how they will pay rent and other expenses of daily living. They don't need to be subjected to the strategies of stalling employed by an insurance company to convince them to take low settlement offers. The fact is, most insurance companies are focused on making money and do it by denying or cutting claims. Suggested Internet site will use any tactic they can to prevent you from getting the compensation you are entitled to. This is why it's so important to hire an 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 lawyers will fight insurance companies' sly strategies. Insurance companies will do everything they can to delay your claim or slow the negotiations in order to save as much as possible. They will also try to avoid responsibility by claiming that your injuries are not directly related to the crash, or that they don't require treatment. They may even argue that you suffer from a previous medical issue that is responsible for the crash. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common trick that many people fall prey to. In reality, the price is significantly less than what you really need 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 drivers to sustain injuries while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving happens when a driver is using a device while driving to send or receive texts or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents are drunk driving weather conditions, road conditions and road 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 driver accident lawyer can help you in analyzing the crash to determine the parties that might be accountable for your injuries and damage. They can also bring a lawsuit or claim against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or cyclists, pedestrians, and cyclists at risk. To convict someone of this crime the police officer must show more than just carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could have caused an accident or place others in danger. In certain instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor and be subject to either a fine or jail sentence. Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will receive points added to their license and could be subject to massive fines. This could cause drivers' insurance rates to rise significantly. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is convicted fairly. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties including fines and imprisonment. The severity of a penalty is contingent on a variety of factors like the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended. A reckless driving accident attorney with experience can determine the cause of an accident and gather evidence to demonstrate your innocence. This 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 defend lawsuits or insurance claims to get you the maximum compensation for your injuries.