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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Some of these accidents can cause serious injuries, even if they are only minor collisions. The injured party must immediately call 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal issues following a crash. They can help victims obtain compensation for medical bills and lost income. No-fault insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. While this has helped to protect car accident victims from being buried due to cost-out-of-pocket It is crucial to know exactly what it means and does not mean. To be eligible for No-Fault insurance, you must meet a few criteria. In the first place you must be injured in a motor vehicle accident that occurred within the state of New York. You must also be a driver or passenger in the insured vehicle or a pedestrian or bicyclist hit by the vehicle. The injured person must be treated at an accredited hospital or provider. In addition you must have suffered a “serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. All of these injuries are serious and can have a negative impact on the life of a victim. A New York injury lawyer can help you if you have been injured in a serious New York car accident. After a serious auto accident An attorney can assist 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 make a court-filed lawsuit on your behalf against the driver responsible for the crash. You may have to pay for astronomical medical expenses as well as lost wages and other expenses following a serious car accident. These costs can be covered by no fault insurance, and you should seek treatment immediately following a car crash, even if it feels like you are fine. If you cannot return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages 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. Attendance is mandatory, as the absence of this could result in denial of benefits retroactively. Purely faults that are comparable In a lot of car accident cases plaintiffs may be liable in part or full for the accident. The law allows the injured party to claim damages in proportion to the proportion of fault that can be attributable to them. This is referred to as pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount that 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 case involving a car accident the plaintiff's legal responsibility for the accident is contingent upon proving two things: negligence and causation. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly led to the injury. To demonstrate legal responsibility, the plaintiff must also demonstrate the economic loss resulted from their injuries, like medical bills, lost income, and travel costs to appointments. Non-economic losses are emotional trauma, suffering and pain. New York is one of the 13 states with absolute comparative fault laws, which means that injured parties can still seek recovery in the event that they are partly at the fault. However, if the claimant is found to be more than 50% at fault, they will be exempt from any claim for damages. In this case it is essential to consult with a reputable attorney. Comparative fault applies to almost every personal injury or death case where the victim (or the descendants of the deceased) has suffered emotional or physical damages. However the concept of comparative fault is slightly more complicated in the case of wrongful death claims. It is crucial to grasp the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the maximum compensation for your injuries. Joint and several liability can also apply if there are multiple defendants. This is a system which splits the verdict among all the defendants if the jury finds that you are jointly and severally liable for the accident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car crash can be equally stressful. The victims of injuries typically confront medical bills as well as a loss of income from being incapable of working in addition to their physical pain and emotional distress. Rent and other costs of daily living are also a concern. 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. The reality is that most insurance companies are in the business of making money and they do it by denying or reducing claims. Insurance agents will employ every method to stop you from receiving the amount you deserve. This is why it's so important to hire a New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their sneaky tactics. Insurance companies will do everything they can to delay your claim or stall the negotiations in order to save as much money as possible. They will also try to avoid accountability by arguing that your injuries aren't related to the crash or do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for the crash. In certain cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a common method that many 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. New York law requires that all drivers have no-fault insurance. It is nevertheless common for people to be injured while driving or riding in another person's vehicle. Some of the most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving occurs when a driver is using devices to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are 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 determine the cause of the accident and identify all parties that could be liable for your injuries and losses. They may also file a lawsuit or claim against the driver in order to recover damages. The New York criminal code defines reckless driving as operating the vehicle in a way that puts at risk the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty the police officer has to prove more than mere negligence or recklessness. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others at risk. In certain instances even a minor traffic offense can be considered a form of reckless driving in New York. Running Denton injury lawyers You Tube or red light could cause an accident that is serious. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor offense and face an indictment or a fine. Reckless driving can cause severe injuries to pedestrians, drivers and bicyclists. Anyone who is found guilty of this offense will receive points added to their licenses and could be subject to massive fines. This could cause driver's insurance rates to increase substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are very strict and could result in severe penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors like the severity of the accident and if there were aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence. A seasoned reckless accident lawyer will know how to find out the causes of a crash and gather evidence to prove your innocence. This evidence could include witness statements as well as phone records to determine if the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.