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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident attorney can assist victims with legal issues following an accident. They can assist them in obtaining the compensation they need 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 protected by their own auto insurance policies for medical expenses, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried by expenses out of pocket It is crucial to know exactly what it means and does not mean. To qualify for No-Fault Insurance you must satisfy certain requirements. First of all you must have been injured in a car accident that occurred within the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. You must be able to prove that you 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. These are all extremely serious injuries, and can have a profoundly negative impact on the 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 obtaining the compensation that you deserve. A lawyer can assist with the legal process in a variety of ways after a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They can also initiate a court action on behalf of you against the driver who caused the crash. There is a chance that you will have to pay astronomical medical bills, lost wages and other expenses following a serious car accident. These expenses are paid for by no-fault insurance and you should seek treatment immediately following a collision, even if it feels as if you're in good shape. If you are unable return to work, no-fault will pay for 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out of pocket costs, including the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. It is mandatory to attend, since failing to attend could result in retroactive denials of benefits. Pure faults that are comparable In a lot of car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law allows the injured party to claim damages in proportion to the percentage of fault that can be assigned to them. This is called pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount that a claimant could be considered to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a car accident the plaintiff must prove two elements to be legally accountable for the accident the other being negligence and causality. Negligence refers to breaking the law or acting in reckless disregard. The causality is the manner the negligence caused the injury. To establish legal liability the plaintiff must demonstrate the economic loss that result from their injuries such as medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is one of the 13 states with strict comparative fault laws which means that injured parties can still seek recovery if they are partially at the fault. However, if the claimant is found to be more than 50 percent at fault, they are exempt from any claim for damages. In this instance it is essential to consult a knowledgeable lawyer. Comparative fault is applicable to nearly every personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be somewhat more complex in wrongful death claims. 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 the insurance companies to secure the maximum amount of compensation for your injuries. In addition, if you have multiple defendants in your case, the concept of joint and multiple liability could apply. This is a method which splits the verdict among all defendants if the 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. Tactics of the Insurance Company The aftermath of a car crash can be just as stressful. The injured victims are often faced with medical bills, loss of income due to being unable to work, and physical discomfort. Rent and other expenses are also a problem. The last thing they want is to be subjected to the stalling tactics of an insurance company who is trying to convince them to accept a settlement offer that is low. Insurance companies exist to make money. They accomplish this by denial or reduce your claims. Insurance companies will employ every tactic possible to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or stall the process to save as much as possible. They will also try to evade responsibilities by arguing that your injuries are not related to the crash or do not require treatment. They might even claim that your crash was the result of a prior medical condition. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a typical method that a lot of people are enticed by. This offer is lower than the amount you must pay to cover your medical expenses and other damages. New York law requires that all drivers carry no-fault coverage. It is not unusual for people to sustain injuries while driving another person's car or in their own vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using devices while driving to send or receive texts or make phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving, road conditions and weather. Reckless driving You may be entitled compensation when you've 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 might be responsible for your injuries and damages. They can also make a claim or a 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 pedestrians and cyclists at risk. To convict someone of this crime, a police officer must prove more than negligence or recklessness. 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 infraction can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light could result in serious accidents. If a driver is found driving recklessly, they might be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this crime could result in the addition of points to your driver's license, as well as hefty fines. This can cause a driver's insurance rates to go up substantially. It is essential to find an New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner. Houston injury lawsuits -driving laws are extremely strict and could result in substantial penalties including fines and jail time. The severity of a penalty depends on a variety of factors including the severity of an accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A reckless driving accident attorney who is experienced can determine the root of the accident and gather evidence to show your innocence. This evidence might include witness statements and cell phone records to check for distracted driving, photographs and videos from the scene of the accident and official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.