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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 fender benders, some can cause serious injuries. The injured parties should immediately call 911 and seek medical attention. A New York car accident attorney can assist victims with their legal issues after the crash. They can assist in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other related expenses. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket costs. However it is essential that you understand what it means. To qualify for No-Fault Insurance, you must meet certain requirements. You must first and foremost have been injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by an authorized medical professional. In addition you must have suffered an “serious injury.” Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely severe injuries that could have a significant negative impact on the life of the victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you deserve. After a serious auto accident A lawyer can help you in a variety of ways. They can help you understand your legal options, conduct a thorough investigation, and engage with the insurance company on your behalf. They can also file a lawsuit in court on behalf of you against the driver who caused the accident. After a serious car accident, you may be facing astronomical medical expenses, lost wages and other costs. No-fault insurance can help with these costs and other expenses, so you should seek out treatment after an accident, even if you feel fine. If you are unable to return to work because of an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It can also cover a large portion of your out-of-pocket costs such as the cost of household assistance. Insurance companies frequently try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, as not attending could result in a retroactive denial of benefits. Pure faults that are comparable In many car accident cases plaintiffs may be liable in part or full for the accident. The law grants injured parties the right to be compensated in proportion to their share of blame. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a claimant could be found to have to prevent the claimant from obtaining 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 such as negligence and causation. Negligence refers to breaking the law or acting in reckless disregard. Causation refers to the way in which the negligence directly led to the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses resulted from their injuries, for example, medical bills, lost income and travel costs to appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that those who have suffered may still pursue recovery even in the event that they are partly at the fault. If the claimant is found to be more than 50 percent at fault, they are unable to claim damages. In this case it is essential to consult a knowledgeable lawyer. Comparative fault is applicable to nearly every personal injury or death case in which a victim (or the heirs of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault can be a bit more complicated in the case of wrongful death claims. The concept of comparative blame is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Joint and several liability could also be a possibility if there are multiple defendants. This is a system that divides the judgment between all defendants in the event that the jury finds that you are jointly and severally responsible for the incident. This is an excellent way to ensure you get the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car crash can be just as stressful. Injured victims are often confronted with medical bills, lost income due to being unable to work or suffer physical pain. They also have to think about whether they can afford rent and other daily expenses. They don't have to be subjected the strategies of stalling employed by insurance companies to convince them to accept lower 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 trick to deny you the compensation you deserve. This is why it is crucial to find an New York car accident lawyer to level 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 lawyers will take on insurance companies' devious tactics. In order to save money insurance companies will do whatever they can to delay or stop your claim. They will also try and avoid liability by arguing that the injuries aren't connected to the accident or that they do not require treatment. They may even argue that you had a prior medical issue that is responsible for your crash. In certain cases, the insurance adjuster will offer a settlement that seems reasonable. This is a classic method that many people are enticed by. In reality, this offer is significantly less than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for people to suffer injuries while driving another person's car or riding in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver uses devices to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving You may be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you investigate the crash to identify all parties that could be responsible for your injuries and losses. They may 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 drivers or cyclists, pedestrians, and cyclists at risk. To find someone guilty, a policeman must show more than mere negligence or carelessness. youtube.com must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light could result in a serious accident. If a driver is found driving recklessly, he or she could be found guilty of misdemeanors and be subject to fines or jail time. Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will receive points added to their license and may be subject to hefty fines. This can result in a driving's premiums rising significantly. It is crucial to employ a New York reckless driving accident attorney to ensure that the driver is held accountable in a fair manner. New York's reckless-driving laws are very strict and can result in significant penalties, including fines and jail time. The severity of a penalty is contingent on a number of factors, such as the severity of an accident and if there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. A reckless driving accident lawyer with experience will know how investigate the causes of an accident and gather evidence to prove your innocence. The evidence could include witness statements, phone records to look for distracted driving, photographs and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.