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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. Although the majority of them are simply accidents that cause fender benders, a few can cause serious injuries. The injured parties should immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with their legal issues following an accident. They can help victims obtain compensation for medical expenses and lost income. No-fault Insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected the victims of car accidents from having to pay out-of-pocket costs. However, it is important to understand what it means. To be eligible for No-Fault insurance You must satisfy a few criteria. You must first and foremost be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party must also be treated in 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 can have a devastating negative impact on the life of the victim. If click the next website 've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you deserve. A lawyer can help you with the legal process in numerous ways following a serious car accident. They can provide you with legal options, conduct an extensive investigation and engage with the insurance company on your behalf. They can also make a court filing on your behalf against the driver who caused the accident. After a serious car accident, you may be facing huge medical bills, lost wages and other expenses. No-fault insurance can cover these costs as well, and you should seek treatment after an accident, even if you feel fine. If you are unable to return to work, no fault will pay for 80 percent of your wages lost up to $2,000 per month. It will also cover the majority of your out-of-pocket costs which includes 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). You must attend these appointments, since failure to attend could result in an appeal to the benefits. Purely comparative fault In a lot of car accident cases the plaintiffs could be liable in part or full for the incident. The law gives injured parties the right to receive damages in proportion to their share of fault. This is referred to as pure comparative negligence. Pure comparative fault differs from modified comparative fault, which caps the amount of fault that a claimant can be deemed to have to exclude them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two things to be legally responsible for the crash the other being negligence and causality. Negligence is the act of breaking the law or acting with reckless carelessness. Causation is the process by which the negligence directly contributed to the injury. To prove legal responsibility, the plaintiff must also prove the economic damages caused by their injuries, like medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, suffering and pain. New York is among the 13 states with a pure comparative fault law, which means that those who are injured may still be able to claim compensation even if they are partially at fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be exempt from any claim for damages. In this case it is essential to consult a knowledgeable attorney. Comparative fault can be applied to any personal injury or wrongful-death case where the victim (or the heirs) have suffered physical or mental damages. The concept of comparative fault is more complicated in cases of wrongful deaths. It is important to understand the principle of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will collaborate with the insurance companies to ensure that you receive the maximum compensation for your injuries. In addition, if you have multiple defendants in your case the concept of joint and numerous liability could apply. This is a system that splits the judgment amongst all the defendants if the jury decides that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the most amount of compensation for your injuries. Insurance company tactics Car accidents are stressful enough, but the aftermath can be more challenging. Injured victims are often confronted with medical bills, lost income due to inability to go to work and physical discomfort. Rent and other costs of daily living are also a problem. They don't have to endure the stalling tactics used by insurance companies to convince them to take low settlement offers. Insurance companies are in business to earn money. They do this by denying or reduce your claims. Insurance companies will employ every trick to deny you the money you are entitled to. This is why it's crucial to find an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies and their sneaky tactics. In order to save money, insurance companies will do everything they can to delay or stall your claim. They may also attempt to avoid responsibility by arguing that the injuries aren't related to the accident or do not require treatment. They might even claim that the crash was caused by a previous medical condition. In some instances an insurance adjuster might determine a settlement amount that seems reasonable. This is a classic scam that a lot of people fall for. In reality, this offer will be much lower than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is not uncommon for people to get injured when driving or riding in a person's vehicle. The most frequent causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses a device to send or receive text messages, make phone calls, or listens to music while driving. 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 compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine all parties that may be accountable for your injuries and damages. They can also initiate a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that puts at risk the lives and safety of others on the road and people on foot or on bicycles. In order to convict someone of this crime an officer of the police force must show more than just negligence or recklessness. This means that the police officer must prove that the driver knew their actions were likely to cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or jail time. Unsuspecting driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this offense can lead to the addition of points to your license, as well as hefty fines. This could cause drivers' insurance rates to rise substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The reckless driving laws in New York are extremely strict and could result in substantial penalties, including fines and imprisonment. The severity of a penalty is contingent on a number of factors like the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer knows how to determine 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 whether the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.