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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. Although the majority of them are fender benders, some can result in serious injuries. The injured party should call 911 and seek medical attention immediately. A New York car accident attorney can help victims with their legal issues after an accident. They can help them obtain compensation for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their auto insurance policies. This includes medical expenses, lost wages and other costs related to accidents. This system has safeguarded car accident victims against being burdened with out-of pocket costs. However, it is important to know what it means. To be eligible to benefit from No-Fault insurance, you have to meet certain criteria. First and foremost, 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 of the insured vehicle. The person injured must be treated in a hospital or by a certified provider. In addition you must 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. All of these injuries are severe and can have a negative impact on the life of a victim. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. After a serious auto accident An attorney can assist you in a number of ways. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. 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 astronomical medical costs along with lost wages and other expenses following a serious accident. These expenses are covered by no-fault insurance, and you should seek treatment immediately after a car accident even if it seems like you are fine. If you cannot return to work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It can also cover a large portion of your out-of-pocket costs such as 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 show up for these appointments, because not attending could result in a retroactive denial of benefits. Purely faults of a comparative nature In many car accident lawsuits, the plaintiffs are partially or completely accountable for the incident. The law permits injured parties to recover damages according to the percentage of the blame that is attributable to them. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault, which limits the amount of fault a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally accountable for the crash: negligence and causality. 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 caused the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, suffering and pain. New York is one of the 13 states that have absolute comparative fault laws, which means that injured parties may still pursue recovery even if they are partially at fault. If the claimant is found more than 50 percent at fault, they are barred from claiming damages. In this instance it is essential to consult a knowledgeable attorney. Comparative fault can be applied to any personal injury or wrongful death case where the victim (or heirs) have suffered mental or physical injuries. The concept of comparative blame is more complicated in cases of wrongful deaths. It is crucial to grasp the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will assist you to determine the extent of your own responsibility for the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In blog , if have multiple defendants in your case, the concept of joint and several liability may apply. This is a system that divides the judgment between all the defendants if the jury finds that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the most amount of compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, and the aftermath can be even more challenging. The injured victims are often faced with medical bills, lost income due to being unable to work or suffer physical discomfort. They also have to think about whether they can afford rent and other expenses that are part of their daily lives. The last thing they want is to be subjected to the stalling tactics of an insurance company trying to convince them to accept a settlement offer that is low. The fact is, most insurance companies are focused on making money and do it by denying or cutting claims. Insurance companies will employ any strategy to prevent you from getting the compensation you are entitled to. This is why it's crucial to find a 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 lawyers will fight insurance companies and their shady tactics. Insurance companies will do all they can to delay your claim or stop negotiations to save as much money as possible. They also try to avoid liability by arguing that your injuries aren't related to the accident or do not require treatment. They may even argue that you had a prior medical condition that is the reason for the crash. In certain cases an insurance adjuster may determine a settlement amount that seems reasonable. This is a typical trick that a lot of people fall for. The offer is significantly less than the amount you'll must pay to cover medical expenses and other damage. New York law requires that every driver have no-fault insurance. However, it is common for people to become injured when driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver is using an electronic device while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine all parties that could be responsible for your injuries and damage. They can also initiate a lawsuit or claim against the driver to collect 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 find someone guilty the police officer has to prove more than mere negligence or carelessness. This means that the officer must prove that the driver was aware that their actions could cause an accident or put others in danger. In some instances, even a minor traffic violation can be considered a form of reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If a driver is found driving recklessly, he or she could be found guilty of misdemeanor charges and could face fines or even jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this type of offense can result in the addition of points to your license as well as hefty fines. This can result in a driver's insurance premiums increasing substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless-driving laws are very strict and can result in substantial penalties including fines and jail time. The severity of the penalty depends on a variety of variables like the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended. A reckless driving accident attorney who has experience will be able to determine the root of the accident and gather evidence to demonstrate your innocence. This could include witness statements as well as cellphone records to look for distracted driving, images and videos of the scene of the crash and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.