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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. Although the majority of them are just collisions between cars, some may cause serious injuries. The injured party must immediately call 911 and seek medical care. A New York car accident attorney can assist victims with legal issues following an accident. They can assist victims in obtaining 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 pedestrians, passengers and passengers as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical costs, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried due to out-of-pocket costs, it is important to know what it does and does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain requirements. First and foremost, you must be injured in an accident in New York. You must also be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. The injured person must be treated in 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. All of these are serious and could have a negative impact on the life of a victim. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. Following a serious car accident A lawyer can help you in a number of ways. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident. There is a chance that you will have to pay astronomical medical costs as well as lost wages and other expenses following a serious car accident. No-fault insurance can help with these costs and other expenses, so you should seek treatment after a crash, 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 will also cover a large portion of the cost you incur out-of-pocket which includes the cost of household help. Insurance companies will often attempt to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as failing to attend could result in retroactive denials of benefits. Purely comparative fault In many car accident lawsuits plaintiffs are partly or totally accountable for the incident. The law allows injured parties to seek damages in proportion to the proportion of the blame that is assigned to them. This is called pure comparative negligence. Pure comparative fault is different from modified comparative fault which limits the amount of fault the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the crash depends on showing two things: negligence and causation. Negligence is the violation of the law or acting with unreasonable negligence. The causality is the manner the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income or travel expenses that result from their injuries. 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 injured parties can still seek compensation if they were partially responsible. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this instance, it is important to work with an experienced attorney. Comparative fault applies to almost every personal injury or death case where the victim (or the heirs of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault is a bit more complicated in wrongful death claims. It is crucial to grasp the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and several liability could also be a possibility if there are multiple defendants. The system splits the verdict between all defendants when a 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 are stressful enough, and the aftermath can be even more challenging. The injured victims are often confronted with medical bills, lost income due to being unable to work, and physical pain. Rent and other expenses are also a problem. The last thing they need is to be sucked into the tactics of a stalling insurance company that is trying to get them accept a low settlement offer. Insurance companies exist to earn money. They accomplish this by denial or reducing your claims. Insurance agents will use every trick to deny you the compensation you are entitled to. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly tactics. To save money, insurance companies will do everything they can to delay or stop your claim. They also try to avoid liability by arguing that your injuries aren't directly related to the crash or do not require treatment. They might even claim that you had a prior medical condition that is to blame for your crash. In certain cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a classic scam that a lot of people are enticed by. This offer is much lower than the amount you'll have to pay to cover medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for people to sustain injuries when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver is using a device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. 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 could be entitled to compensation. A New York City reckless driver accident lawyer can help you in investigating the crash to determine the parties that might be responsible for your injuries and the damages. They may also file a claim or lawsuit against the driver to recover your 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 in danger. To convict someone the police officer has to prove more than just negligence or carelessness. The officer must show that the driver was aware that their actions could cause an accident or place others in danger. In certain instances, even a minor traffic offense can be viewed as a form of reckless driving in New York. For example, running an intersection with a stop sign could cause serious injuries and accidents. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines or even jail time. www.youtube.com can cause serious injuries to other drivers, pedestrians, and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and may be subject to large fines. This could cause driver's insurance rates to go up significantly. It's important to hire a New York reckless driving accident attorney to ensure that the driver is found guilty in a fair manner. The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and imprisonment. The severity of the punishment depends on several factors such as the severity of the incident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will show your innocence. This evidence could include witness statements, phone records to check 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 amount of compensation for your injuries.