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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. While the majority of them are simply collisions between cars, some may result in serious injuries. The injured parties should immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with their legal issues following a crash. They can help them obtain compensation for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state, which means that drivers, passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other related expenses. While this system has protected car accident victims from being buried by cost-out-of-pocket, it is important to know what it means and does not mean. To be eligible to benefit from No-Fault insurance, you must meet certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured party must also be treated in an accredited hospital or provider. Additionally you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these are serious and can have a negative impact on the life of a victim. A New York injury lawyer can help you if you have been injured in a serious New York car accident. In the aftermath of a serious auto crash, a lawyer can assist you in a variety of ways. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the negligent driver who caused the accident. In the aftermath of a serious crash you could be faced with massive medical bills, lost wages, and other expenses. No-fault insurance is able to help with these costs, and you should always seek treatment following an accident, even if you feel fine. If you are unable return to work, no fault will pay 80 percent of your wages lost up to $2,000 per month. It can also cover many of your out of pocket costs, including the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. You must be present at these appointments, because failure to attend could result in an appeal to the benefits. Purely faults that are comparable In many car accident cases plaintiffs may be liable in part or full for the incident. The law permits injured parties to seek damages according to the percentage of fault that can be assigned to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount a person could be found to be owed to prevent them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent. In a case involving a car accident the plaintiff's legal liability for the accident is contingent upon proving two things that are causation and negligence. Negligence is the violation of the law or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly contributed to the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is among the 13 states that have a strict comparative fault law, which means that the injured party may still be able to claim compensation even if they are partially at fault. If the claimant is found to be more than 50% at fault, then they are not able to claim damages. In this instance it is essential to work with a knowledgeable lawyer. Comparative fault can be applied to almost every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complex in cases of wrongful deaths. It is essential to comprehend the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will assist you determine the extent of your personal responsibility to the accident and work with insurance companies to ensure that you get the maximum compensation possible for your injuries. Joint and multiple liability may be used in the event of several defendants. The system splits the verdict among all defendants when a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be just as stressful. Victims of injuries often must deal with medical bills as well as a loss of income due to being incapable of working in addition to their emotional and physical pain. Rent and other costs of daily living are also a problem. They don't need to be subjected the strategies of stalling employed by an insurance company to convince them to take low settlement offers. Insurance companies are in business to make money. They do this by denying or reducing your claims. Insurance companies will employ every tactic possible to deny you the money you deserve. This is why it's crucial to find an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will take on insurance companies and their sneaky tactics. To save money insurance companies will do whatever they can to delay or derail your claim. They may also attempt to avoid accountability by arguing that your injuries are not directly related to the crash, or they do not require treatment. They might even claim that the accident was caused by a previous medical condition. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a typical scam that many people fall for. The offer is significantly less than the amount you'll have to pay to cover medical expenses and other damages. New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to be injured when driving or riding in another person's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents include drunk driving, road conditions and weather. Reckless driving You may be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine the parties that may be accountable for your injuries and damages. They could also initiate a lawsuit or claim against the driver in order to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or pedestrians and cyclists at risk. To convict someone, a policeman must show more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. For instance driving at the red light or stopping sign could result in an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she may be convicted of misdemeanors and be subject to fines or even jail time. Incorrect driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this crime could result in the addition of points to your license and hefty fines. This can result in a driver's premiums going up significantly. It is important to hire an attorney in New York who will ensure 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. Loveland injury attorney of the penalty depends on a number of factors, such as the severity of an accident, as well as aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended. A reckless driving accident lawyer who has experience will be able to determine the root of the accident and gather evidence to prove your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photographs and videos of the scene of the accident and official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest compensation for your injuries.