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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 frequent. Certain accidents could cause serious injuries, even if they are only minor collisions. Anyone injured should dial 911 and seek medical attention right away. A New York car accident lawyer can help victims with their legal needs following an accident. They can help victims obtain compensation for medical bills and lost income. No-fault insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical expenses, lost wages, and other incident-related expenses. This system has protected the victims of car accidents from being weighed down by out-of-pocket expenses. However, it is important that you understand what it means. To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost, you must have been injured in an accident in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured person must be treated in an accredited hospital or provider. You must have also suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries, and could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can assist you with the legal process in numerous ways following a serious car accident. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the accident. After YouTube could face massive medical bills, lost wages and other expenses. These costs 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 are unable to return to work due to an injury, no fault insurance will pay up to $2,000 in lost wages per month. It will also cover a large portion of your out-of-pocket costs such as the cost of household help. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, because failure to attend could result in an appeal to the benefits. Purely faults of a comparative nature In many car accident cases the plaintiffs could be held to be fully or partially responsible for the incident. The law gives injured parties to receive damages in proportion to their share of the fault. This is referred to as pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a person could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the accident that is, negligence and causality. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. The causality is the way that the negligence led to the injury. To demonstrate legal responsibility the plaintiff must show the economic losses resulted from their injuries, such as medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that those who are injured could still be able to seek compensation if they were partially at fault. If the claimant is found more than 50 percent responsible, they are unable to claim damages. In this case, it's important to consult a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful death instance in which the victim (or their heirs) have suffered mental or physical damages. The concept of comparative blame is more complicated in the case of wrongful death. It is crucial to grasp the concept of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the most compensation for your injuries. Joint and several liability can also apply if there are several defendants. This is a method which splits the verdict among all defendants if the jury decides 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. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be more challenging. Injured victims often must deal with medical bills and a loss of income due to being incapable of working, not to mention their emotional and physical pain. They also have to think about how they will pay rent and other expenses of daily living. They don't need to endure the strategies of stalling employed by insurance companies to try and get them to take low settlement offers. The fact is, most insurance companies are in the business of making money and they do this by denial or reducing claims. Insurance agents will employ every tactic they can to prevent you from receiving the amount you deserve. This is why it's essential to work with 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 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 keep the blame off by claiming that the injuries are not connected to the accident or that they do not require treatment. They might even claim that you had a prior medical condition that is the reason for your crash. In certain cases, an insurance adjuster will determine a settlement amount that seems reasonable. This is a typical method that a lot of people fall for. In reality, the price will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is not uncommon for people to be injured while driving another person's car or in their vehicle. The most frequent causes of accidents are reckless driving, distracted driving and speeding. Distracted driving happens when a driver uses a device to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify all parties who may be responsible for your injuries and losses. They can 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 in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. In order to convict someone of this crime an officer of the police force must show more than just negligence or carelessness. The officer must show that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could cause serious accidents. If an individual driver is found be driving recklessly, they may be convicted of a misdemeanor offense and face an indictment or a fine. Incorrect driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this crime can lead to the addition of points to your license as well as hefty fines. This could cause driver's insurance rates to go up substantially. It is essential to find an 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 significant penalties, including fines and prison. The severity of the penalty is contingent on a variety of factors such as the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. A reckless driving accident attorney who is experienced can determine the causes of an accident and gather evidence to show 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 prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.