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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 a common occurrence. While most of them are accidents that cause fender benders, a few can cause serious injuries. The injured party must immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal needs following an accident. They can help them obtain the compensation they need for medical expenses 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 related costs to an accident. This has helped protect car accident victims against having to pay out-of-pocket expenses. However it is essential to know what it means. To be eligible to benefit from No-Fault insurance, you have to meet certain requirements. First and foremost you must be injured in a motor vehicle accident that occurred in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a licensed provider. In addition you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely severe injuries, and could have a significant negative impact on the victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you deserve. Following a serious car accident, a lawyer can assist you in a variety of ways. They can explain your legal options, conduct an in-depth investigation and engage with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the driver who caused the accident. There is a chance that you will have to pay astronomical medical bills along with lost wages and other expenses following a serious car accident. These expenses are covered by no fault insurance, and you should seek treatment immediately following a collision, even if it feels like you're fine. If you are unable to return work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover a lot of your out-of-pocket costs, including 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). It is mandatory to attend, since failing to attend could result in retroactive denials of benefits. Purely comparative fault In many car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law grants injured parties to recover damages according to their percentage of the fault. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically place the bar 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 such as negligence and causation. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly caused the injury. To establish legal liability plaintiffs must also demonstrate economic losses, such as medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that injured parties could still be able to claim compensation even if they were partially at fault. However, if the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this situation, it's important to consult with a reputable attorney. Comparative fault is applicable to any personal injury or wrongful death instance in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complex in the case of wrongful death. It is important to understand the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will work with the insurance companies to secure the maximum amount of compensation for your injuries. Joint and several liability could also be a possibility if there are several defendants. This system splits the verdict among all defendants in the event that a jury finds you jointly and severally liable for the accident. This is a great method to ensure that you receive the most compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be as stressful. The victims of injuries typically confront medical bills as well as a loss of income as a result of being incapable of working, not to mention their physical pain and emotional distress. They also have to think about whether they can cover rent and other daily expenses. They don't have to endure the stalling tactics used by an insurance company to convince them to accept lower settlement offers. Insurance companies are in business to earn money. They accomplish this by denial or reducing your claims. Insurance agents will employ every tactic they can to prevent you from receiving the amount you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies and their shady tactics. To save money, insurance companies will do whatever they can to delay or stall your claim. They also try to avoid responsibility by claiming that your injuries are not related to the crash or do not require treatment. They might even claim that you have a prior medical condition that is the reason for your crash. In certain cases an insurance adjuster may arrive at a settlement amount that seems reasonable. This is a typical method that a lot of people are enticed by. In reality, the price will be significantly lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for people to be injured when driving a vehicle of another or in their vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using an electronic device to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You could 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 examine the crash to determine all parties that could be accountable for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or pedestrians and cyclists in danger. To convict someone of this crime the police officer must demonstrate more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. For example driving through a red light or stop sign could result in serious injuries and accidents. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor and be subject to an indictment or a fine. Newport News injury lawyers can cause serious injuries to pedestrians, drivers, and bicyclists. Those who are convicted of this offense will have points added to their license and could face large fines. This could cause driver's insurance rates to increase substantially. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is found guilty fairly. The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and jail time. The severity of the penalty depends on a number of factors like the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. A seasoned reckless driving accident lawyer will know how to investigate the causes of a crash and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.