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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular event in New York City. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should immediately contact 911 and seek medical attention. A New York car accident attorney can help victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical bills and lost income. No-fault Insurance New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as well as bicyclists and cyclists are covered by their insurance policies for automobiles. This includes medical costs, lost wages and other accident-related costs. This has helped protect the victims of car accidents from being weighed down by out-of-pocket expenses. However it is essential to know what it means. In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. First and foremost you must have been injured in a vehicle accident that occurred in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured person must be treated at a hospital or an authorized provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries that could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can help you understand your legal options, conduct a thorough investigation, and engage with the insurance company on your behalf. They may also bring a lawsuit to court on your behalf against the driver who caused the accident. You could be required to pay for astronomical medical expenses along with lost wages and other expenses following a serious car accident. No-fault insurance can pay for these and other expenses, so you should seek treatment following an accident, even if you feel fine. If you are unable return to work, no-fault insurance will pay 80% of your lost wages 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 frequently try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failure to do so may result in retroactive denials of benefits. Pure faults that are comparable In a majority of car accident lawsuits, plaintiffs are partly or totally responsible for the accident. The law allows the injured party to claim damages in proportion to the proportion of blame that can be attributable to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault an individual claimant is deemed to have to exclude them from receiving financial compensation. Modified comparative fault states usually 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 is the act of breaking the law or committing an act of negligence that is unreasonable. The causality is the way the negligence caused the injury. To demonstrate legal responsibility the plaintiff must show the economic losses that result from their injuries like medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured may still be able to claim compensation even if they are partially responsible. However, if the person seeking compensation is found to be more than 50% at fault, they will be barred from recovering any damages. In this case it is crucial to consult with a reputable lawyer. Comparative fault applies to any personal injury or wrongful death instance where the victim (or the heirs) have suffered mental or physical injuries. However the concept of comparative fault can be a bit more complicated in wrongful death cases. The concept of comparative fault is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will negotiate with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. In addition, if have multiple defendants in your case the concept of joint and numerous liability could apply. This is a system that splits the judgment amongst all defendants in the event that the jury finds that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the most compensation possible for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be equally stressful. The victims of injuries typically confront medical bills and a loss of income from being incapable of working, not to mention their physical pain and emotional distress. Rent and other costs of daily living are also a concern. The last thing they need is to be subjected to the stalling tactics of an insurance company who is trying to convince them to accept a low settlement offer. Insurance companies exist to earn money. They do this by denying or reduce your claims. Insurance representatives will use any tactic they can to prevent you from obtaining the compensation you are entitled to. 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 experienced in fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their sneaky tactics. Insurance companies will do all they can to delay your claim or stop the process to save as much as possible. They may also attempt to evade responsibilities by arguing that your injuries aren't caused by the crash or that they don't require treatment. They could even argue that the crash was caused by a previous medical condition. In some cases an insurance adjuster may arrive at a settlement amount that seems reasonable. This is a classic scam that many people are enticed by. In reality, the price will be significantly lower than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is not uncommon for people to be injured when driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted Burbank injury lawyer YouTube is when a driver uses devices to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents are 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 may be entitled to compensation. A New York City reckless driver accident lawyer can help you in investigating the crash to determine the parties that could be accountable for your injuries and damages. They may also initiate a lawsuit or claim against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or cyclists, pedestrians, and cyclists in danger. 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 put others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in a serious accident. If an individual driver is found be driving recklessly, they could be convicted of a misdemeanor crime and face an indictment or a fine. Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. Anyone who is found guilty of this offense will receive points added to their license and could be subject to hefty fines. This could result in driver's insurance premiums increasing significantly. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties that include fines and jail time. The severity of the penalty is contingent on several factors including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A seasoned reckless accident lawyer will know how to investigate the cause of a collision and gather evidence to prove your innocence. The evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official 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.