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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 only minor collisions. The injured parties should immediately call 911 and seek medical care. A New York car accident lawyer can help victims with their legal needs after the crash. They can help them obtain compensation for their medical bills and lost wages. No-fault insurance New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other costs related to accidents. While this system has protected car accident victims from being buried by out-of-pocket costs, it is important to know exactly what it is and what it does not mean. To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. You must first and foremost have been injured in an accident in New York. You must be a driver or passenger in the vehicle insured, or a cyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized provider. In addition, you must have suffered an “serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and can have a devastating 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 help you get the compensation you're due. A lawyer can help you with the legal process in numerous ways following a serious auto accident. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident. You may have to pay astronomical medical costs along with lost wages, and other expenses following a serious accident. No-fault insurance will pay for these and other expenses, so you should seek out treatment after an accident, even though you feel well. If you are unable to 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 large portion of your out-of-pocket costs, including the cost of household assistance. Insurance companies will often attempt to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must show up for these appointments, because failure to attend could result in a retroactive denial of benefits. Pure comparative fault In many cases of car accidents, the plaintiffs may be held to be fully or partially responsible for the accident. The law allows injured parties to seek damages according to the percentage of fault that can be given to them. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault which limits the amount of fault that a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent. In visit the following website page , the plaintiff must prove two things in order to be legally accountable for the crash the other being negligence and causality. Negligence is the violation of a law, or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly caused the injury. To establish legal liability the plaintiff has to prove the economic damages that result from their injuries for example, medical bills, lost income and travel expenses for appointments. Other 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 injured parties are still able to seek compensation even in the event that they are partly at fault. If the claimant is found to be more than 50% at the fault, they will be barred from recovering any damages. In this situation it is essential to consult with a reputable attorney. Comparative fault can be applied to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in the case of wrongful death. It is essential to comprehend the concept of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will work with the insurance companies to secure the most compensation for your injuries. Joint and several liability can also be a possibility if there are multiple defendants. This is a method which splits the verdict among all defendants if the jury finds that you are jointly and severally responsible for the incident. This is an excellent way to ensure that you get the maximum amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be just as stressful. The injured victims are often faced with medical bills, lost income due to not being able to work, and physical discomfort. They also have to think about whether they can afford rent and other daily expenses. They don't have to be subjected to the stalling tactics used by an insurance company to get them to accept lower settlement offers. Insurance companies are in business to earn money. They do this by denying or cutting your claims. Insurance agents will use every trick to deny you the money you are entitled to. This is why it's crucial to find an New York car accident lawyer to level the playing field. 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' sneaky strategies. Insurance companies will do everything they can to delay your claim or slow the process to save as much as possible. They will also try and keep the blame off by claiming that the injuries aren't directly related to the crash or do not require treatment. They may even claim that the accident was caused by a previous medical condition. In some instances an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a trick that a lot of people fall to. 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 all drivers have no-fault insurance. However, it is not uncommon for people to get injured when driving or riding in another's vehicle. The most frequent causes of accidents are distracted driving, reckless driving and speeding. 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 lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine all parties that might be responsible for your injuries and damages. They may also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty the police officer has to prove more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could cause an accident or place others in danger. Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light can result in an accident that is serious. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and face penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their license and may be subject to large fines. This can cause a driver's insurance rates to rise significantly. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of the penalty depends on several factors including the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license. An experienced reckless accident lawyer will know how to find out the causes of a crash and gather evidence to demonstrate 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, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.