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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 frequent. Certain accidents could cause serious injuries even if they're minor accidents. The injured parties should immediately contact 911 and seek medical attention. A New York car accident attorney can help victims with their legal issues after a crash. They can help victims obtain compensation for medical bills and lost income. No-fault Insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other related expenses. This has helped protect those who have been injured in car accidents from having to pay out-of-pocket costs. However it is crucial to understand what it means. To qualify for No-Fault Insurance You must satisfy 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 driver or passenger in the vehicle insured, or a cyclist or pedestrian hit by the vehicle. The person injured must be treated at an accredited hospital or provider. You must also have suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and could have a significant negative impact on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. In the aftermath of a serious auto crash An attorney can assist you in a number of ways. They can provide you with legal options, conduct an in-depth investigation and engage with the insurance company on your behalf. They can also make a court filing on behalf of you against the driver who caused the accident. You may have to pay astronomical medical costs, lost wages, and other expenses following a serious car accident. These costs can be covered by no-fault insurance, and you should seek medical attention immediately following a collision, even if it feels like you are fine. If you are unable to return to work, no-fault insurance will pay for 80 percent of your wages lost up to $2,000 per month. It will also cover the majority of the cost you incur out-of-pocket, including the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. Attendance is mandatory, as the absence of this could result in retroactive denials of benefits. Pure comparative fault In many car accident cases the plaintiffs could be partially or fully responsible for the accident. The law grants injured parties to receive damages based on their percentage of fault. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount that a claimant could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a car accident the plaintiff must prove two things in order to be legally responsible for the accident the other being negligence and causality. Negligence is the violation of an act of law, or committing an act of negligence that is unreasonable. The cause of the accident is determined by the manner the negligence caused the injury. To prove legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses are emotional trauma and suffering and pain. New York is one of the 13 states that have pure comparative fault laws, which means that the injured party may still pursue recovery even if they are partially at fault. If www.youtube.com is found more than 50 percent responsible, they are not able to claim damages. In this instance it is crucial to work with an experienced attorney. Comparative fault can be applied to any personal injury or wrongful death instance in which the victim (or heirs) have suffered physical or mental damages. The concept of comparative fault is more complex in cases of wrongful deaths. It is essential to comprehend the concept of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own contribution to the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. In addition, if you have several defendants in your case the concept of joint and several liability could apply. 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 you receive the most compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, but the aftermath can be more challenging. Victims of injuries often must deal with medical bills and a loss of income due to being incapable of working in addition to their emotional and physical pain. They also have to think about whether they can cover rent and other expenses that are part of their daily lives. The last thing they need is to be sucked into the stalling tactics of an insurance company who is trying to get them accept a settlement offer that is low. Insurance companies are in business to earn money. They do this by refusing or reduce your claims. Insurance companies will employ any strategy to prevent you from getting the amount you are entitled to. It is essential to find an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will fight insurance companies' devious tactics. Insurance companies will do everything in their power to delay your claim or stall negotiations to save as much as possible. They will also try to avoid responsibility by claiming that your injuries aren't caused by the crash or they do not require treatment. They might even claim that the crash was caused by a previous medical condition. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a classic scam that a lot of people are enticed by. In reality, the price will be much lower than the amount you will actually have to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not unusual for people to suffer injuries while driving another's vehicle or in their vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music driving. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are 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 assist you determine the cause of the accident and identify all parties who may be accountable for your injuries and losses. They may also bring 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 other motorists and pedestrians or riders on bicycles. In order to convict someone of this crime the police officer must show more than just negligence or carelessness. This means that the police officer must show that the driver knew their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If an individual driver is found be driving recklessly, they could be convicted of a misdemeanor and could face a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, drivers and bicyclists. Those who are convicted of this crime will be subject to points added to their licenses and could be subject to hefty fines. This can result in a driver's premiums going up substantially. It is crucial to employ 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 substantial penalties including fines and prison. The severity of a penalty depends on a variety of factors including the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. An attorney for reckless driving with experience can determine the causes of an accident and gather evidence to prove your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, images and videos of the scene of the crash, official medical reports, and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.