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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. Some of these accidents can cause serious injuries, even if they are minor accidents. The injured party should call 911 and seek medical attention right away. A New York car accident attorney can assist victims with their legal issues following the crash. They can assist them in obtaining compensation for medical expenses 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 by their insurance policies for automobiles. This includes medical costs, lost wages and other accident-related costs. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket costs. However it is crucial that you understand what it means. To be eligible for No-Fault Insurance You must satisfy a few criteria. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The injured party must also be treated in an accredited hospital or provider. In addition, you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these are serious and could have a negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can assist you with the legal process in a variety of ways after a serious car accident. They can provide you with legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They may also make a court-filed lawsuit on your behalf against the driver who caused the accident. Following a serious car crash you could be faced with astronomical medical expenses, lost wages and other expenses. No-fault insurance can help with these costs as well, and you should seek treatment following an accident, even though you feel fine. If you are unable return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It can also cover a large portion of your out-of-pocket costs, including 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). The requirement to attend is that failing to attend could result in denial of benefits retroactively. Purely faults that are comparable In many car accident cases plaintiffs may be partially or fully responsible for the accident. The law allows injured parties to be compensated according to their percentage of blame. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount that a claimant may be deemed to have in order to keep them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking an act of law, or acting with unreasonable negligence. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal liability, plaintiffs must also show economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses are emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative-fault law. This means that injured parties can still claim compensation even if they were partially responsible. If the claimant is found to be more than 50% at the fault, they will be exempt from any claim for damages. In this instance it is crucial to consult with a seasoned attorney. Comparative fault applies to any personal injury or wrongful death case in which the victim (or their heirs) have suffered mental or physical injuries. However, the concept of comparative fault is slightly more complicated in wrongful death claims. It is important to understand the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will collaborate with insurance companies to get you the most compensation for your injuries. Joint and several liability could be used in the event of multiple defendants. This is a method that divides the judgment between all defendants in the event that the jury decides that you are jointly and multiplely responsible for the incident. This is an excellent way to ensure that you get the maximum amount of compensation for your injuries. Strategies of insurance companies The aftermath of a car crash can be as stressful. The injured victims are often faced with medical bills, loss of income due to being unable to go to work and physical discomfort. They also have to think about how they will pay rent and other expenses that are part of their daily lives. The last thing they want is to be sucked into the stalling tactics of an insurance company 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 reducing your claims. Insurance companies will employ every trick to deny you the money you deserve. This is why it's so important to hire an New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies and their shady tactics. Insurance companies will do everything they can to delay your claim or stop negotiations to save as much as possible. They also try to avoid responsibility by arguing that the injuries are not connected to the accident or that they do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for the crash. In some instances an insurance adjuster might determine a settlement amount that seems reasonable. This is a common method that many people are enticed by. The offer is significantly less than the amount you'll must pay to cover your medical expenses and other damages. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to suffer injuries while driving another's vehicle or in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving happens when a driver is using a device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine the parties that may be accountable for your injuries and damages. They can also bring a lawsuit or claim against the driver to recover your damages. According to Minneapolis injury attorney , reckless driving is defined as driving a car in a way that it puts other motorists or pedestrians and cyclists in danger. To convict someone the police officer has to prove more than mere negligence or carelessness. This means that the officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance driving through an intersection with a stop sign could cause an accident that is serious and cause injury. If a driver is caught driving recklessly, they could be found guilty of misdemeanors and be subject to fines or jail time. Incorrect driving can cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this offense can lead to the addition of points to your license as well as substantial fines. This could cause driver's insurance rates to rise substantially. It is essential to find a New York reckless driving accident attorney who will ensure the driver is convicted on a fair basis. The laws governing 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 there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license. A reckless driving accident attorney who is experienced can determine the causes of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements as well as cell phone records to check for distracted driving, images and videos of the scene of the accident as well as official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.