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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent incident in New York City. Some of these accidents can cause serious injuries even if they're just minor collisions. The injured party should call 911 and seek medical attention immediately. A New York car accident attorney can assist victims with their legal issues after an accident. They can help victims get compensation for medical expenses as well as lost income. 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 accident-related expenses. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is essential to know what it means. To be eligible for the benefits of No-Fault insurance, you must meet certain requirements. First and foremost you must have been injured in a motor vehicle accident that occurred within the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured person must be treated in an accredited hospital or provider. In addition, you must 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. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. After a serious auto accident A lawyer can help you in a number of ways. They can explain your legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. They may also make a court-filed lawsuit on behalf of you against the negligent driver who caused the accident. In the aftermath of a serious crash you could face huge medical bills, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a car crash, even if it feels like you're fine. If you cannot return to work due to an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It will also cover the majority of your out-of-pocket costs, including the cost of household assistance. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failure to do so may result in denial of benefits retroactively. Purely comparative fault In a lot of car accident lawsuits, the plaintiffs are partly or totally responsible for the accident. The law allows injured parties to seek damages based on the proportion of blame that can be assigned to them. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which limits the amount of fault a claimant can be deemed to have to exclude them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent. In a car accident case the plaintiff's legal responsibility for the accident is contingent upon proving two things that are causation and negligence. Negligence is the act of breaking an act of law, or acting with unreasonable negligence. The causality is the manner that the negligence led to the injury. To establish legal liability, plaintiffs must also show 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 one of the 13 states that have absolute comparative fault laws, which means that injured parties may still pursue recovery even if they are partially at the fault. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this situation, it is important to work with an experienced attorney. Comparative fault is applicable to any personal injury or wrongful-death situation in which the victim (or heirs) have suffered mental or physical damages. However the concept of comparative fault can be somewhat more complex in wrongful death cases. It is important to understand the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and multiple liability may be used in the event of multiple defendants. This system splits the verdict between all defendants when 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 amount of compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be even more challenging. The injured victims are often confronted with medical bills, loss of income due to being unable to go 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. The last thing they need is to be subjected the stalling tactics of an insurance company that is trying to convince them to accept a low settlement offer. Insurance companies exist to earn money. They do this by refusing or reduce your claims. Insurance representatives will use any method to stop you from receiving the amount you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will stand up to insurance companies and their devious tactics. To save money insurance companies will do whatever they can to delay or stall your claim. They also try to avoid liability by arguing that the injuries aren't related to the accident or do not require treatment. They might even claim that you have a prior medical condition that is the reason for the crash. In some cases an insurance adjuster may come up with a settlement amount that seems reasonable. This is a common trick that many people are enticed by. In reality, this offer is significantly less than the amount you will actually have to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to get injured while driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving happens when a driver uses a device while driving to send or receive texts, make 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, road conditions and weather. 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 recover damages. The New York criminal code defines reckless driving as operating an automobile in a manner that poses a threat to the lives and safety of other motorists and people on foot or on bicycles. To find someone guilty, a policeman must show more than just negligence or carelessness. This means that the officer must show that the driver knew their actions were likely to cause an accident or put others at risk. In certain instances even a minor traffic violation can be viewed as a form of reckless driving in New York. A violation of a stop sign, or a red light can result in serious accidents. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor and be subject to an indictment or a fine. Reckless driving can cause severe injuries to pedestrians, other drivers and bicyclists. A conviction for this offense could result in the addition of points to your license and hefty fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find an New York reckless driving accident attorney to ensure that the driver is convicted fairly. YouTube driving laws in New York are extremely strict and could lead to substantial penalties that include fines and jail time. The severity of the punishment depends on a variety of factors including the severity of the crash and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license. An experienced reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence to prove your innocence. This evidence might include witness statements and cellphone records to look for distracted driving, photographs and videos taken at the scene of the crash and official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest amount of compensation for your injuries.