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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent incident in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. The injured party must immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements following the crash. They can assist in obtaining compensation for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. This system has protected those who have been injured in car accidents from being weighed down by out-of-pocket expenses. However it is essential to know what it means. In order to qualify to benefit from No-Fault insurance, you have to meet certain criteria. First and foremost, you must be injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured person must be treated in a hospital or an authorized provider. You must also have suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. All of these are serious and can have a negative effect on the victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. After a serious auto accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the crash. Following a serious car crash you could be faced with massive medical bills, lost wages and other expenses. No-fault insurance is able to help with these costs, and you should always seek treatment after a crash, even if you feel well. If you are unable to return to work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers an important portion of your out-of-pocket costs such as the cost of household assistance. Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since failure to do so may result in denial of benefits retroactively. Purely faults that are comparable In a lot of car accident lawsuits, the plaintiffs are partially or completely accountable for the incident. The law permits injured parties to recover damages based on the proportion of blame that can be assigned to them. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault, which caps the amount of fault that the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent. In a car accident case the plaintiff's legal liability for the accident rests on showing two things such as negligence and causation. Negligence is the violation of the 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 establish legal liability, plaintiffs must also show economic losses, such as medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states that have pure comparative fault laws, which means that those who have suffered can still seek recovery in the event that they are partly at fault. If the claimant is found more than 50 percent at fault, they are not able to claim damages. In this instance, it's important to consult a knowledgeable lawyer. Comparative fault is applicable to nearly any personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical damages. However the concept of comparative fault is a bit more complicated in wrongful death cases. The principle of comparative fault is crucial to know when making an action for compensation following an accident in New York. Your lawyer will collaborate with the insurance companies to get you the maximum compensation for your injuries. In addition, if have several defendants in your case the concept of joint and multiple liability could apply. This system divides the verdict between all defendants in the event that a jury finds you jointly and severally liable for the accident. This is a great 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 as stressful. Victims of injuries often have to deal with medical bills and a loss of income from being incapable of working in addition to their physical pain and emotional stress. Rent and other costs of daily living are also a problem. They don't need to endure the strategies of stalling employed by insurance companies to try and get them to take low settlement offers. The reality is that most insurance companies are in the business of making money and they do it by denying or cutting claims. Insurance representatives will use any method to stop you from getting the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Costa Mesa injury lawsuits will stand up to insurance companies and their shady tactics. To save money, insurance companies will do everything they can to delay or stop your claim. They also try to avoid accountability by arguing that your injuries aren't directly related to the crash, or they do not require treatment. They might even claim that you had a prior medical condition that is the reason for the crash. In some instances, an insurance adjuster will arrive at an amount of settlement that appears reasonable. This is a common trick that a lot of people fall for. In reality, the price will be much lower than the amount you will actually have to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. However, it is common for people to get injured while driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver uses a device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine all parties that might be accountable for your injuries and damages. They could also make a claim or lawsuit against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists in danger. To find someone guilty the police officer must prove more than mere negligence or recklessness. This means that the 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. A violation of a stop sign, or a red light can result in serious accidents. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor and face a fine or jail time. Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will receive points added to their license and could face large fines. This could cause driver's insurance rates to increase substantially. It's important to hire an New York reckless driving accident attorney to ensure that the driver is held accountable fairly. The reckless driving laws in New York are very strict and could lead to substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on a number of factors such as the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license. An experienced reckless driving accident lawyer knows how to find out the cause of a collision and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine whether the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum amount of compensation for your injuries.