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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common incident in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal requirements after 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 motorists pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages and other costs related to accidents. This system has safeguarded those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is crucial to know what it means. To be eligible for No-Fault Insurance, you must meet a few criteria. You must first and foremost be injured in an accident in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated at an accredited hospital or provider. Additionally, you must have suffered an “serious injury.” hop over to these guys are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. All of these injuries are serious and could have a negative impact on a victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you're due. A lawyer can assist with the legal process in numerous ways after a serious car accident. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the driver who caused the accident. There is a chance that you will have to pay astronomical medical costs along with loss of wages, and other costs following a serious car accident. These expenses are covered by no fault insurance, and you should seek treatment immediately after a car accident even if it seems like you're fine. If you are unable return to work, no-fault insurance will pay for 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out-of-pocket costs, such as the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must be present at these appointments, because not attending could result in an appeal to the benefits. Purely faults that are comparable In a lot of car accident cases the plaintiffs could be liable in part or full for the incident. The law permits injured parties to recover damages according to the percentage of blame that can be assigned to them. This is referred to as pure comparative negligence. Pure comparative is different from modified comparative, which limits the amount a claimant could be found to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In a car accident case, 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 an act of negligence that is unreasonable. Causation refers to how the negligence directly led to the injury. To demonstrate legal responsibility the plaintiff has to prove the economic damages caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses are emotional trauma as well as pain and suffering. New York is among the 13 states that have a strict comparative fault law, which means that injured parties can still claim compensation even if they are partially at fault. If the claimant is found to be more than 50% at the fault, they will be barred from recovering any damages. In this situation it is essential to work with a skilled attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be a bit more complicated in wrongful death claims. The concept of comparative blame is very important to understand when making claims for compensation following an accident in New York. Your lawyer will assist you 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. Additionally, if you have several defendants in your case the concept of joint and numerous liability may apply. This is a method that splits the judgment amongst all defendants in the event that the jury finds that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be equally stressful. The injured victims are often faced with medical bills, loss of income due to not being able to go to work and physical discomfort. They also have to think about whether they can afford rent and other daily expenses. The last thing they want is to be sucked into the tactics of a stalling insurance company trying to convince them to accept a low settlement offer. The reality is that most insurance companies are focused on making money, and they do this by denial or reducing claims. Insurance companies will employ any method to stop you from receiving the amount you deserve. This is why it's essential to work with an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will take on insurance companies' sly strategies. To save money insurance companies will do everything they can to delay or derail your claim. They will also try to avoid accountability by arguing that your injuries aren't directly related to the crash, or do not require treatment. They may even argue that you have a prior medical issue that is responsible for your crash. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a typical scam that a lot of people fall for. In reality, the price will be significantly lower than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. However, it is common for people to be injured when driving or riding in a person's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses devices to send or receive text messages, makes phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine the parties that may be accountable for your injuries and the damages. They could also file a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that endangers the lives and safety of others on the road and people on foot or on bicycles. To find someone guilty the police officer has to prove more than just negligence or recklessness. This means that the police officer must show that the driver knew their actions were likely to cause an accident or put others in danger. In some instances, even a minor traffic infraction can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If a driver is found driving recklessly, he or she 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. Those who are convicted of this offense will receive points added to their license and may be subject to massive fines. This can cause a driver's insurance rates to rise significantly. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner. The reckless driving laws in New York are extremely strict and could result in severe penalties, including fines and imprisonment. The severity of a penalty depends on a number of factors including the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident attorney who has experience will be able to determine the cause of an accident and gather evidence to prove your innocence. This could include witness statements as well as phone records to look for distracted driving, images and videos of the scene of the crash, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.