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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 frequent. While most of them are simply collisions between cars, some may result in serious injuries. The injured party should immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal issues following the crash. They can help victims obtain 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 well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical costs, lost wages and other costs related to accidents. 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 criteria. First of all you must have been injured in a vehicle accident that occurred within the state of New York. You must be a driver or passenger in the insured vehicle or a bicyclist or pedestrian struck by the vehicle. The injured person must be treated at an accredited hospital or provider. You must also have suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries that could have a significant negative impact on the person's life. 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 A lawyer can help you in a variety 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 lawsuit in court on your behalf against the negligent driver who caused the accident. You could be required to pay astronomical medical bills as well as lost wages, and other expenses following a serious car accident. These expenses are covered by no fault insurance, and you should seek treatment immediately after a car accident even if you feel like you are fine. If you are unable return to work, no-fault insurance will pay for 80 percent of your wages lost up to $2,000 per month. It will also cover a lot of your out of pocket expenses, like the cost of household assistance. Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as failing to attend could result in denial of benefits retroactively. Purely faults that are comparable In many car accident lawsuits plaintiffs are partially or completely responsible for the accident. The law permits injured parties to seek damages in proportion to the percentage of blame that can be 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 that the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the accident rests on proving two things that are causation and negligence. Negligence is the act of breaking the law or acting with reckless carelessness. Causation is the process by which the negligence directly contributed to the injury. To establish legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states with absolute comparative fault laws, which means that those who have suffered can still seek recovery when they are at the 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 consult with a seasoned attorney. Comparative fault is applicable to nearly every personal injury or death case where the victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complicated in wrongful death cases. It is important to understand the principle of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and multiple liability may be used in the event of several defendants. The system splits the verdict among all defendants when 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. The tactics of the insurance company The aftermath of a car accident can be as stressful. Injured victims are often faced with medical bills, lost income due to inability to work or suffer physical pain. They also have to think about whether they can cover rent and other expenses of daily living. The last thing they need is to be sucked into the tactics of a stalling insurance company that is trying to convince them to accept a settlement offer that is low. The fact is, most insurance companies are in the business of making money and they do it by denying or reducing claims. Insurance companies will employ any strategy to prevent you from getting the amount you deserve. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their devious tactics. Insurance companies will do all they can to delay your claim or slow the negotiations in order to save as much money as possible. They may also attempt to evade responsibilities by arguing that your injuries are not related to the crash or that they don't require treatment. They may even claim that the crash was caused by an earlier medical condition. In some instances an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a common tactic that many people fall prey to. This offer is much lower than the amount you must pay to cover your medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. However, it is not uncommon for people to become injured when driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver is using a 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 accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine all parties that might be responsible for your injuries and damages. They may also make a claim or a lawsuit against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To find someone guilty the police officer has to prove more than mere negligence or carelessness. This means that the police officer must show that the driver was aware of their actions could cause an accident or put others at risk. Even minor traffic violations can be considered reckless driving in New York. For example, running an intersection with a stop sign could result in a serious accident and injury. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor offense and could face an indictment or a fine. Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their licenses and could face large 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 found guilty in a fair manner. New York's reckless driving laws are very strict and could lead to substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a number of factors like the severity of an accident and if there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence that will demonstrate your innocence. This evidence might include witness statements, phone records to look for distracted driving, images and videos from the scene of the crash, official medical reports, and toxicology reports. Charlotte injury lawsuits will file and litigate insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.