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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. Certain accidents could cause serious injuries even if they're only minor collisions. The injured party should immediately call 911 and seek medical attention. A New York car accident lawyer can help victims with their legal issues 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 well as bicyclists and cyclists are covered automatically by their auto insurance policies. This includes medical costs, lost wages and other related costs to an accident. This has helped protect car accident victims against being burdened with out-of pocket costs. However it is essential to know what it means. In order to qualify to benefit from No-Fault insurance, you must meet certain requirements. First of all you must be injured in a car 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 cyclist or pedestrian who was struck by the vehicle. The person injured must be treated at a hospital or an authorized provider. Additionally you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely serious injuries that could have a significant negative impact on the person's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve. 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 bargain with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the negligent driver who caused the accident. After a serious car accident you could face astronomical medical expenses, lost wages and other expenses. No-fault insurance can help with these costs and other expenses, so you should seek treatment following an accident, even though you feel well. If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance. Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). Cary injury attorney is mandatory to attend, since failure to do so may result in retroactive denials of benefits. Purely comparative fault In a lot of car accident lawsuits, plaintiffs are partially or completely accountable for the crash. The law grants injured parties the right to receive damages according to their percentage of blame. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a person could be considered to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In a case involving a car accident the plaintiff's legal liability for the crash depends on proving two things such as negligence and causation. Negligence is the violation of the law or committing a breach of the law with reckless negligence. Causation refers to the way in which the negligence directly caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states that have pure comparative fault laws, which means that injured parties can still seek recovery in the event that they are partly at the fault. If the claimant is found more than 50% at fault, then 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 where the victim (or the heirs) have suffered mental or physical injuries. The concept of comparative blame is more complicated in the case of wrongful death. It is crucial to grasp the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will help you determine the extent of your own contribution to the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries. In addition, if have multiple defendants in your case, the concept of joint and multiple liability could be applicable. The system splits the verdict between all defendants when the jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be more challenging. Victims of injuries are often faced with medical bills, loss of income due to being unable to work, and physical pain. They also have to worry about whether they can afford rent and other expenses that are part of their daily lives. They don't have to endure the stalling tactics used by an insurance company to get them to accept low settlement offers. The truth is that the majority of insurance companies are in the business of making money and do this by denying or reducing claims. Insurance companies will employ any method to stop 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 attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will take on insurance companies and their sneaky tactics. In order to save money, insurance companies will do everything they can to delay or stop your claim. They also try to keep the blame off by claiming that your injuries aren't connected to the accident or that they do not require treatment. They may even argue that you had a prior medical issue that is responsible for your crash. In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that many people fall to. In reality, the price is significantly less 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 not unusual for people to be injured while driving another person's car or riding in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using devices while driving to send or receive 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 accidents are drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car accident 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 all parties that could be responsible for your injuries and damages. They could also file a lawsuit or claim against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists in danger. To find someone guilty the police officer must prove more than mere negligence or recklessness. This means that the police officer must show that the driver was aware of their actions could cause an accident or put others at risk. Even minor traffic violations can be deemed reckless driving in New York. Driving through a stop sign or red light could cause a serious accident. If a driver is found to be driving recklessly, they may be convicted of a misdemeanor and be subject to an indictment or a fine. Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. Those who are convicted of this offense will have points added to their licenses and could be subject to massive fines. This can cause a driver's insurance rates to rise significantly. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is held accountable on a fair basis. The laws governing reckless driving in New York are quite strict and can result in severe penalties, including fines and imprisonment. The severity of the penalty depends on several factors including the severity of the crash and whether there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. A reckless driving accident attorney who is experienced can determine the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest amount of compensation for your injuries.