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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent incident in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. Injured parties should call 911 and seek medical attention right away. A New York car accident attorney can help victims with their legal issues following the crash. They can assist in obtaining compensation for their medical bills and lost wages. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages and other costs related to accidents. While this system has helped protect car accident victims from being buried due to out-of-pocket costs but it is essential to know what it does and does not mean. In order to qualify for the benefits of No-Fault insurance, you have to meet certain requirements. You must first and foremost be injured in an accident in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by an authorized provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries that can have a profoundly negative impact on the life of the victim. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. A lawyer can assist with the legal process in many ways following a serious car accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also make a court-filed lawsuit on your behalf against the driver who caused the accident. You may have to pay astronomical medical costs as well as lost wages, and other expenses following a serious car accident. These expenses are paid for by no-fault insurance and you should seek medical attention immediately following a car crash even if it seems as if you're in good shape. If you are unable to return work because of an injury, no fault insurance will pay up to $2,000 in lost wages per month. It will also cover an important portion of the cost you incur out-of-pocket such as the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. The requirement to attend is that failure to do so may result in denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law allows injured parties to seek damages based on the percentage of the blame that is attributable to them. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount that a claimant could be considered to be owed to prevent them from receiving financial compensation. Modified comparative fault states generally place the limit between 49 and 51 percent. In a case involving a car accident the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things that are causation and negligence. Negligence refers to breaking a law or acting in reckless disregard. Causation refers to how the negligence directly led to the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as 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 when they are at the fault. If the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In Simi Valley injury lawyer , it is important to work with an experienced attorney. Comparative fault can be applied to almost any personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complicated in cases of wrongful deaths. The concept of comparative fault is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will help you determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you get the most compensation you can for your injuries. Joint and multiple liability may also be a possibility if there are several defendants. This system splits the verdict among all defendants when the jury finds you jointly and severally liable for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, and the aftermath can be even more difficult. Injured victims often have to deal with medical expenses and loss of income from being unable to work and suffer from physical pain and emotional distress. They also have to worry about how they will pay rent and other daily expenses. They don't need to endure the strategies of stalling 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 reducing claims. Insurance companies will employ every tactic possible to deny you 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 are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sneaky tactics. In order to save money insurance companies will do anything they can to delay or stop your claim. They also try to avoid accountability by arguing that your injuries are not directly related to the crash, or that they don't require treatment. They might even claim that you had a prior medical condition that is the reason for the crash. In some cases an insurance adjuster might come up with an amount of settlement that appears reasonable. This is a trick that many people fall prey to. This offer is lower than the amount you'll need to pay in order to cover medical expenses and other damage. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to sustain injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver is using an electronic device 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 crashes. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify the parties responsible for your injuries and losses. 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 car in a way that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To find someone guilty the police officer must prove more than mere negligence or carelessness. This means that the officer must prove that the driver was aware of 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. For example, running the red light or stopping sign could lead to an accident that is serious and cause injury. If a driver is found driving recklessly, he or she could be found guilty of misdemeanor charges and could face fines or jail time. Incorrect driving can cause serious injuries to other cyclists, pedestrians, and motorists. Those who are convicted of this offense will receive points added to their licenses and could face massive fines. This could result in driver's premiums going up 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 significant penalties, including fines and imprisonment. The severity of the penalty is contingent on a number of factors such as the severity of the accident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended. An attorney for reckless driving who has experience will know how investigate the cause of an accident and gather evidence to prove your innocence. The evidence could include witness statements and phone records to look for distracted driving, images and videos taken at the scene of the crash as well as official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.