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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. While the majority of them are accidents that cause fender benders, a few can result in serious injuries. The injured party should call 911 and seek medical attention right away. A New York car accident attorney can assist victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical bills and lost income. No-fault Insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. While this has helped to protect car accident victims from being buried by out-of-pocket costs but it is essential to know exactly what it is and what it does not mean. To be eligible for No-Fault insurance You must satisfy a few criteria. First of all, you must be injured in a car accident that occurred in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by an authorized medical professional. Additionally you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. These are all extremely serious injuries, and can have a profoundly negative impact on the person'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 engage with the insurance company on your behalf. They can also file a court case on your behalf against the driver who caused the accident. Following a serious car crash you could be faced with massive medical expenses, lost wages and other costs. These costs can be covered by no-fault insurance, and you should seek medical attention immediately following a collision even if it seems like you're fine. If you are unable to return to work, no-fault insurance will pay 80 percent of your wages lost up to $2,000 per month. It can also cover many of your out of pocket costs, such as the cost of household assistance. Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, since not attending could result in a retroactive denial of benefits. Pure comparative fault In many car accident cases plaintiffs may be liable in part or full for the accident. The law permits the injured party to claim damages in proportion to the proportion of blame that can be attributable to them. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault, which caps the amount of fault that an individual claimant is deemed to have to exclude them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent. In a car accident case the plaintiff's legal responsibility for the accident rests on showing two things that are causation and negligence. Negligence is the act of breaking the law or committing a breach of the law with reckless negligence. The causality is the way that the negligence led to the injury. To prove legal responsibility, plaintiffs must also show economic losses, such as medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses are emotional trauma and suffering and pain. New York is one of the 13 states that have absolute comparative fault laws, which means that injured parties may still pursue recovery even when they are at the fault. If the claimant is found to be more than 50 percent at fault, they will be disqualified from claiming damages. In this instance, it's important to work with a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful death situation in which the victim (or heirs) have suffered mental or physical damages. The concept of comparative blame is more complicated in the case of wrongful death. The principle of comparative fault is crucial to know when filing a claim for compensation after an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries. In addition, if you have several defendants in your case the concept of joint and numerous liability could be applicable. This is a system that splits the judgment amongst all the defendants if the jury determines that you are jointly and severally liable for the accident. This is a great method to ensure that you receive the maximum compensation possible for your injuries. Insurance company tactics Car accidents can be stressful enough, and the aftermath can be more difficult. Victims of injuries often have to deal with medical bills as well as a loss of income as a result of being in a position of no work in addition to their physical pain and emotional stress. They also have to think about whether they can cover rent and other daily expenses. They don't have to be subjected to the delay tactics employed by insurance companies to try and get them to take low settlement offers. The reality is that most insurance companies are in the business of making money and do it by denying or cutting claims. Insurance companies will employ any strategy to prevent you from getting the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' sneaky tactics. Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much money as possible. They also try to avoid responsibility by arguing that the injuries are not connected to the accident or that they do not require treatment. They might even claim that you have a prior medical issue that is responsible for your crash. In some instances, the insurance adjuster will offer a settlement that seems reasonable. This is a common trick that a lot of people are enticed by. This offer is lower than the amount you have to pay to cover medical expenses and other damage. New York law requires that every driver 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 happens when a driver is using an electronic device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled compensation if you have been injured in an accident caused by reckless driving. 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 the damages. They can also bring a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that puts at risk the lives and safety of other motorists and pedestrians on bicycles. To convict a person of this crime, a police officer must demonstrate more than mere negligence or carelessness. This means that the officer must prove that the driver was aware of their actions could cause an accident or put others in danger. In certain instances, even a minor traffic violation can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light can result in a serious accident. If a driver is found driving recklessly, they might be found guilty of misdemeanors and be subject to fines or jail time. Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this offense can lead to the addition of points to your driver's license, as well as substantial fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find a New York reckless driving accident attorney to ensure that the driver is held accountable fairly. The laws governing reckless driving in New York are extremely strict and could result in severe penalties, including fines and prison. The severity of a penalty depends on a variety of variables including the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended. A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to demonstrate your innocence. Irving injury attorneys could include witness statements as well as cellphone records to look for distracted driving, photographs and videos of the scene of the crash as well as official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.