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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. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should call 911 and seek medical attention right away. A New York car accident attorney can help victims with their legal issues following a crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. No- simply click the following site is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried by expenses out of pocket but it is essential to know what it means and does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain requirements. First of all you must have been injured in a motor vehicle accident that took place 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 an accredited hospital or provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are serious and can have a negative effect on a victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve. 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 an in-depth investigation and negotiate with your insurance company. They can also file a court case on your behalf against the driver who caused the crash. You could be required to pay for astronomical medical expenses along with lost wages, and other expenses following a serious car accident. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a car crash even if you feel like you are fine. If you cannot return to work due to an injury, no fault insurance will cover up to $2,000 of lost wages per month. It will also cover a lot of your out of pocket expenses, like the cost of household assistance. Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as the absence of this could result in denial of benefits retroactively. Purely faults that are comparable In a lot of car accident lawsuits, plaintiffs are either completely or partially accountable for the incident. The law allows injured parties to seek damages according to the proportion of blame that can be assigned to them. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault a claimant can be deemed to have to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two things in order to be legally responsible for the crash: negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. The causality is the way in which the negligence caused the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses are emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative-fault law, which means that the injured party could still be able to claim compensation even if they are partially responsible. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this case, it's important to work with a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical injuries. The concept of comparative fault is more complicated in wrongful death cases. The concept of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to secure the maximum amount of compensation for your injuries. Joint and several liability can also be a possibility if there are several defendants. This is a method which splits the verdict among all defendants if the jury decides that you are jointly and severally liable for the accident. This is an excellent way to ensure you get the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, but the aftermath can be even more difficult. Victims of injuries often have to deal with medical expenses and loss of income as a result of being unable to work and suffer from physical pain and emotional stress. Rent and other daily expenses are also a concern. The last thing they need is to be sucked into the tactics of an insurance company who is trying to convince them to accept a low settlement offer. Insurance companies are in business to earn money. They accomplish this by denial or reducing your claims. Insurance representatives will use any method to stop you from getting the compensation you are entitled to. This is why it is essential to work with an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our lawyers will take on insurance companies and their sneaky tactics. Insurance companies will do everything they can to delay your claim or slow the process to save as much money as possible. They will also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or they do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for the crash. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a trick that a lot of people fall to. This offer is lower than the amount you need to pay in order to cover your medical expenses and other damages. New York law requires that all drivers have no-fault insurance. It is not unusual for people to suffer injuries while driving another person's car or in their vehicle. The most frequent causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving happens when a driver is using devices while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can 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 to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine all parties that could be accountable for your injuries and the damages. They can also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as operating a vehicle in a manner that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To find someone guilty the police officer must prove more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or place others in danger. In some instances, even a minor traffic infraction can be considered a form of reckless driving in New York. Running a stop sign or red light could result in an accident that is serious. If a driver is caught driving recklessly, they may be convicted of misdemeanors and be subject to fines or even jail time. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this offense can result in the addition of points to your driver's license, as well as substantial fines. This could cause drivers' insurance rates to go up substantially. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is held accountable in a fair manner. The laws regarding reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of a penalty depends on a number of factors like the severity of an accident, as well as aggravating circumstances. A conviction for reckless driving can 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 show your innocence. This evidence could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.