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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 are only minor collisions. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident attorney can assist victims with their legal issues following the crash. They can help victims get compensation for medical expenses as well as lost income. No-fault Insurance New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. This system has safeguarded car accident victims against having to pay out-of-pocket costs. However, it is important to know what it means. To be eligible for the benefits of No-Fault insurance, you must meet certain requirements. First of all you must have been injured in a motor vehicle accident that took place in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a bicyclist or pedestrian struck by the vehicle. The injured person must be treated at a hospital or an authorized provider. Additionally you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as a permanent loss 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 help you if you have been injured in a serious New York car accident. A lawyer can help you with the legal process in numerous ways following a serious car accident. They can explain your legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. They can also file a court case on behalf of you against the driver who caused the accident. You could be required to pay astronomical medical costs, lost wages and other expenses after a serious auto accident. No-fault insurance is able to cover these costs as well, and you should seek treatment following an accident, even though you feel fine. If you are unable to return to work due to an injury, no fault insurance will pay up to $2,000 for lost wages per month. It will also cover the majority of your out-of-pocket expenses such as the cost of household help. Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, as not attending could result in the denial of benefits retroactively. Purely comparative fault In a majority of car accident lawsuits, the plaintiffs are partially or completely responsible for the accident. The law permits injured parties to recover damages according to the percentage of the blame that is given to them. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a person could be considered to be owed to prevent them from being eligible for financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent. In a car accident the plaintiff must prove two elements to be legally accountable for the accident that is, negligence and causality. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. The cause of the accident is determined by the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, such as medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that the injured party may still be able to claim compensation even if they were partially at fault. If the claimant is found to be more than 50 percent at fault, they are exempt from any claim for damages. In this situation, it's important to work with a knowledgeable attorney. Comparative fault applies to almost every personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complicated in wrongful death cases. The concept of comparative fault is very important to understand when making claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to secure the most compensation for your injuries. Additionally, if you have several defendants in your case, the concept of joint and numerous liability could apply. This system divides the verdict between all defendants in the event that the jury finds you jointly and severally responsible for the accident. Waco injury attorney You Tube is a great way to ensure that you receive the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, but the aftermath can be more challenging. Victims of injuries often have to deal with medical bills as well as a loss of income as a result of being incapable of working in addition to their physical pain and emotional distress. They also have to worry about how they will pay rent and other daily expenses. They don't need to endure the delay tactics employed by an insurance company to get them to take low settlement offers. Insurance companies exist to earn money. They accomplish this by denial or reduce your claims. Insurance representatives will use any strategy to prevent you from receiving the amount you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will fight insurance companies' sneaky strategies. Insurance companies will do all they can to delay your claim or slow the process to save as much money as possible. They may also attempt to avoid responsibility by arguing that your injuries aren't related to the accident or do not require treatment. They could even argue that the accident was the result of a prior medical condition. In certain cases an insurance adjuster may determine an amount of settlement that appears reasonable. This is a trick that a lot of people fall to. In reality, this offer will be much lower than what you actually need to pay for your medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is not uncommon for people to sustain injuries when driving a vehicle of another or in their vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving happens when a driver uses a device while driving to send or receive texts or phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving, road conditions and weather. Reckless driving If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine who might be responsible for your injuries and damages. They can also make a claim or a lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as operating an automobile in a manner that endangers the lives and safety of other motorists and people on foot or on bicycles. To convict someone of this crime, a police officer must show more than just carelessness or negligence. The officer must show that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could result in serious accidents. If a driver is found to be driving recklessly, they may be convicted of a misdemeanor crime and be subject to either a fine or jail sentence. Unsuspecting driving can cause serious injuries to pedestrians, drivers and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and could be subject to hefty fines. This could cause driver's insurance rates to go up significantly. It's important to hire a New York reckless driving accident attorney who will ensure the driver is convicted in a fair manner. New York's reckless driving laws are quite strict and can lead to substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on several factors, including the severity of the crash and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license. A reckless driving accident lawyer who is experienced will know how investigate the causes of an accident and gather evidence to prove your innocence. This evidence might include witness statements, cellphone records to look for distracted driving, photographs and videos taken at the scene of the crash and official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum amount of compensation for your injuries.