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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 a common occurrence. Some of these accidents can cause serious injuries even if they're only minor collisions. The injured party must immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal needs following a crash. They can help victims obtain compensation for medical expenses and lost income. No-fault insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical, lost wages, and other incident-related expenses. This system has safeguarded car accident victims against being weighed down by out-of-pocket expenses. However it is crucial to understand what it means. To be eligible to benefit from No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured person must be treated in a hospital or an authorized provider. You must have also suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and could have a significant negative impact on the person's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. A lawyer can help you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also file a lawsuit in court on behalf of you against the negligent driver responsible for the crash. There is a chance that you will have to pay astronomical medical bills along with lost wages and other expenses after a serious auto accident. These expenses can be covered by no fault insurance, and you should seek treatment immediately following a collision even if you feel like you are fine. If you are unable return to work, no-fault insurance will pay 80 percent of your lost wages 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 typically schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. It is mandatory to attend, since the absence of this could result in denial of benefits retroactively. Purely faults that are comparable In a majority of car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law gives injured parties the right to recover damages based on their percentage of the fault. This is known as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault a claimant can be deemed to have to exclude them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a case involving a car accident the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things: negligence and causation. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation refers to how the negligence directly led to the injury. To prove legal responsibility the plaintiff has to show the economic losses resulted from their injuries, for example, medical bills, lost income and travel expenses to appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is one of the states that have pure comparative fault laws, which means that the injured party are still able to seek compensation even when they are at fault. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this situation it is essential to work with an experienced attorney. Comparative fault can be applied to any personal injury or wrongful-death situation in which the victim (or the heirs) have suffered mental or physical injuries. However the concept of comparative fault is a bit more complicated in wrongful death claims. It is crucial to grasp the principle of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Additionally, if you have several defendants in your case the concept of joint and multiple liability could be applicable. This system splits the verdict between all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be just as stressful. The injured victims are often faced with medical bills, loss of income due to not being able to go to work and physical discomfort. They also have to worry about whether they can afford rent and other daily expenses. The last thing they need is to be subjected the tactics of an insurance company who is trying to convince them to accept a low settlement offer. The reality is that most insurance companies are focused on making money and they do it by denying or reduction of claims. Insurance companies will employ any strategy to prevent you from obtaining the amount you are entitled to. This is why it's so important to hire 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 car accident victims. Our lawyers will fight insurance companies and their devious tactics. Insurance companies will do everything they can to delay your claim or stall the process to save as much as possible. They will also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or that they don't require treatment. They may even argue that you suffer from a previous medical condition that is to blame for the crash. In certain cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a common tactic that many people fall prey to. In reality, this offer will be much lower than the amount you will actually have to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to be injured while driving another person's car or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving happens when a driver uses devices while driving to send or receive texts or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify all parties who may be accountable for your injuries and losses. They could also initiate a lawsuit or claim against the driver in order to collect damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that poses a threat to the lives and safety of other drivers and pedestrians on bicycles. To convict someone of this crime, a police officer must show more than just carelessness or negligence. This means that the officer must prove that the driver knew their actions could cause an accident or put others in danger. In certain instances, even a minor traffic offense can be considered a form of reckless driving in New York. For example, running a red light or stop sign could cause a serious accident and injury. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to fines or jail time. Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. A conviction for this offense can result in the addition of points to your license as well as substantial fines. This could cause drivers' insurance rates to increase significantly. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis. The reckless driving laws in New York are very strict and could result in substantial penalties, including fines and imprisonment. The severity of a penalty depends on a number of factors including the severity of an accident and whether there were aggravating circumstances. Davenport injury lawsuit for reckless driving could also result in the suspension of a driver's license. An experienced reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence that will prove your innocence. This could include witness statements, phone records to look for distracted driving, images and videos taken at the scene of the accident and official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum compensation for your injuries.