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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Certain accidents could cause serious injuries even if they're minor accidents. Injured parties should call 911 and seek medical attention right away. A New York car accident attorney can assist victims with legal issues following an accident. They can assist in obtaining 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 insurance policies for automobiles. This includes medical costs, lost wages and other accident-related costs. While this system has helped protect car accident victims from being buried due to out-of-pocket costs, it is important to know exactly what it does and does not mean. To qualify for No-Fault Insurance you must satisfy some requirements. In the first place you must be injured in a car accident that occurred in the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by an authorized provider. In addition you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these are serious and can have a negative impact on a victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. Following a serious car accident A lawyer can help you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the driver who caused the accident. After a serious car accident you could be faced with huge medical bills, lost wages and other expenses. No-fault insurance will help with these costs as well, and you should seek treatment after an accident, even though you feel fine. If you are unable to return to work, no fault 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 Exam Under Oath. It is mandatory to attend, since failing to attend could result in retroactive denials of benefits. Purely comparative fault In a lot of car accident cases plaintiffs may be partially or fully responsible for the incident. The law gives injured parties to be compensated in proportion to their share of fault. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant could be found to have in order to keep them from receiving financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the crash: negligence and causality. Negligence is the violation of the law or acting with unreasonable negligence. Causation refers to how the negligence directly contributed to the injury. To demonstrate legal responsibility, the plaintiff must also show the economic losses resulted from their injuries, for example, medical bills, lost income, and travel expenses for appointments. Non-economic losses are emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that the injured party can still claim compensation even if they are partially at fault. However, if the person seeking compensation is found to be more than 50% at fault, they are disqualified from claiming damages. In this case it is essential 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 damages. The concept of comparative fault is more complicated in cases of wrongful deaths. It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will assist you to determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Joint and multiple liability may also be a possibility if there are several defendants. This system divides the verdict among all defendants when the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries. Strategies of insurance companies The aftermath of a car accident can be as stressful. Victims of injuries are often faced with medical bills, loss of income due to being unable to work or suffer physical discomfort. Rent and other daily expenses are also a problem. The last thing they want is to be sucked into the tactics of an insurance company who is trying to convince them to accept a settlement offer that is low. The truth is that the majority of insurance companies are focused on making money, and they do it by denying or cutting claims. Insurance representatives will use any tactic they can to prevent you from obtaining the amount you deserve. This is why it is so important to hire an New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their sneaky tactics. To save money insurance companies will do everything they can to delay or derail your claim. They may also attempt to avoid responsibility by claiming that your injuries are not directly related to the crash, or they do not require treatment. They might even claim that you suffer from a previous medical condition that is to blame for your crash. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a typical trick that many people fall for. This offer is much lower than the amount you'll have to pay to cover your medical expenses and other damage. New York law requires that every driver have no-fault insurance. It is not unusual for people to be injured when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving happens when a driver uses devices while driving to send or receive messages or 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 are drunk driving, road conditions and weather conditions. 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 investigating the crash to determine the parties that might be responsible for your injuries and the damages. They can 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 a vehicle in a manner that poses a threat to the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer has to prove more than mere negligence or recklessness. This means that the police officer must show that the driver knew their actions were likely to cause an accident or put others at risk. Even minor traffic violations can be deemed 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 might be found guilty of misdemeanor charges and could face fines or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime could result in the addition of points to your license as well as hefty fines. This could result in driver's insurance premiums increasing significantly. It is essential to find 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 severe penalties, including fines and imprisonment. click through the next webpage of a penalty depends on a number of factors like the severity of the 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 lawyer with experience will know how investigate the cause of an accident and gather evidence to show your innocence. The evidence could include witness statements, cell phone records to check for distracted driving, images and videos of the scene of the crash, official medical reports, and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.