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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 common. While the majority of them are simply collisions between cars, some may result in serious injuries. The injured party should immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with their legal issues after the crash. They can help victims get compensation for medical expenses and lost income. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered by their auto insurance policies. This includes medical costs, lost wages and other accident-related costs. While this system has helped protect car accident victims from being buried due to expenses out of pocket It is crucial to know what it means and does not mean. In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. First of all you must be injured in a car accident that occurred in the state of New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The person injured must be treated at a hospital or an authorized provider. You must also have 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 severe injuries that can have a profoundly negative impact on the life of the victim. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. A lawyer can help you with the legal process in a variety of ways after a serious car accident. They can provide you with legal options, conduct an in-depth investigation, and bargain 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. There is a chance that you will have to pay for astronomical medical expenses, lost wages, and other expenses following a serious car accident. No-fault insurance can cover these costs and other expenses, so you should seek out treatment after an accident, even if you feel well. If you are unable to return to work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It also covers a number of your out-of-pocket expenses, like the cost of household assistance. Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, since failure to attend could result in a retroactive denial of benefits. Pure comparative fault In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law allows injured parties to recover damages based on the percentage of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a person could be considered to have in order to keep them from receiving financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally accountable for the crash: negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly caused the injury. To demonstrate legal responsibility the plaintiff has to demonstrate the economic loss resulted from their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses are emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative fault law, which means that injured parties could still be able to seek compensation if they were partially responsible. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this case it is essential to consult a knowledgeable attorney. Comparative fault can be applied to almost every personal injury or death case where a victim (or the heirs of the deceased) has suffered physical or emotional damages. However, Midland injury lawsuits of comparative fault can be a bit more complicated in the case of wrongful death claims. It is crucial to grasp the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries. Additionally, if you have several defendants in your case, the concept of joint and numerous liability could apply. The system splits the verdict among all defendants if a jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure you receive the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be more challenging. Injured victims often confront medical bills and a loss of income due to being incapable of working and suffer from physical pain and emotional stress. Rent and other costs of daily living are also a problem. They don't need to be subjected the stalling tactics used by an insurance company to convince them to accept low settlement offers. The truth is that the majority of insurance companies are focused on making money and do this by denial or cutting claims. Insurance representatives will use any tactic they can to prevent you from obtaining 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 are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' devious strategies. In order to save money insurance companies will do everything they can to delay or derail your claim. They also try to avoid accountability by arguing that your injuries aren't caused by the crash or that they don't require treatment. They might even claim that you suffer from a previous medical condition that is to blame for the crash. In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a typical method that many people fall for. In reality, this offer will be significantly lower than the amount you will actually have to pay for medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is nevertheless common for people to get injured when 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 an electronic device to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine the parties that could be accountable for your injuries and damages. They may also make a claim or a lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that puts at risk the lives and safety of others on the road and pedestrians or riders on bicycles. To convict someone the police officer has to prove more than just negligence or carelessness. This means that the officer must prove that the driver knew their actions were likely to cause an accident or put others in danger. In some cases even a minor traffic offense can be considered a form of reckless driving in New York. A violation of a stop sign, or a red light could result in serious accidents. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor crime and be subject to an indictment or a fine. Reckless driving can cause severe injuries to pedestrians, drivers and bicyclists. A conviction for this type of offense could result in the addition of points to your license as well as hefty fines. This could cause driver's insurance rates to increase substantially. It's important to hire an New York reckless driving accident attorney who will ensure the driver is convicted fairly. The reckless driving laws in New York are very strict and could result in severe penalties which include fines and even imprisonment. The severity of the penalty is contingent on several factors such as the severity of the crash and whether or not there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. A reckless driving accident lawyer with experience 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, photos and videos from the scene of the crash, official medical reports, and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.