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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 only minor collisions. Injured parties should call 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal needs after an accident. They can help victims get compensation for medical expenses as well as lost income. No-fault insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. While this system has protected car accident victims from being buried by out-of-pocket costs but it is essential to know what it does and does not mean. To be eligible for No-Fault insurance You must satisfy some requirements. You must first and foremost have been injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by a licensed provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely severe injuries, and could have a significant negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can provide you with legal options, conduct an extensive investigation and engage with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the accident. You could be required to pay for astronomical medical expenses along with 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 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 can also cover a large portion of your out-of-pocket costs such as the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. The requirement to attend is that failing to attend could result in retroactive denials of benefits. Purely faults of a comparative nature In many car accident lawsuits, the plaintiffs are partially or completely accountable for the incident. The law allows injured parties the right to recover damages according to their percentage of blame. This is called pure comparative negligence. over at this website is different from modified comparative, which caps the amount a person could be found to have to prevent them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident rests on proving two things: negligence and causation. Negligence is the violation of the law or committing an act of negligence that is unreasonable. The causality is the way that the negligence led to the injury. To establish legal liability, plaintiffs must also show economic losses, like medical expenses, lost income or 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 strict comparative fault laws which means that injured parties may still pursue recovery even in the event that they are partly at fault. If the claimant is found to be more than 50 percent at fault, they are unable to claim damages. In this instance it is essential to consult with a reputable attorney. Comparative fault applies to almost every personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical damages. However the concept of comparative fault can be a bit more complicated in the case of wrongful death claims. It is important to understand the concept of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will negotiate with insurance companies to secure the maximum compensation for your injuries. Joint and multiple liability may also be a possibility if there are multiple defendants. This is a system that divides the judgment between all defendants if the jury determines that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the maximum compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be equally stressful. The injured victims are often confronted with medical bills, lost income due to being unable to work or suffer physical discomfort. Rent and other daily expenses are also a problem. The last thing they need is to be sucked into the tactics of a stalling insurance company who is trying to convince them to accept a low settlement offer. Insurance companies exist to earn money. They do this by denying or reducing your claims. Insurance agents will use every method to deny you the money you are entitled to. This is why it is essential to work with an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their shady tactics. Insurance companies will do everything in their power to delay your claim or stall the process to save as much money as possible. They will also try to avoid accountability by arguing that your injuries aren't caused by the crash or 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 cases, an insurance adjuster will come up with an amount of settlement that appears reasonable. This is a common method that many people fall for. This offer is lower than the amount you'll need to pay in order to cover your medical expenses and other damages. New York law requires that every driver have no-fault insurance. It is not uncommon for people to suffer injuries when driving a vehicle of another or riding in their vehicle. Some of the most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving is when a driver is using a device to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions. Reckless driving If you've been injured in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you investigate the crash to identify 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 damages. The New York criminal code defines reckless driving as operating an automobile in a manner that poses a threat to the lives and safety of other drivers and pedestrians or riders on bicycles. In order to convict someone of this crime an officer of the police force must show more than just negligence or carelessness. This means that the officer must prove that the driver was aware that their actions were likely to cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in an accident that is serious. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or even jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime can result in the addition of points to your license as well as substantial fines. This could cause 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 jail time. The severity of the penalty depends on several factors such as the severity of the crash and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer knows how to find out the cause of a collision and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine whether the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.