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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common incident in New York City. While the majority of them are collisions between cars, some may result in serious injuries. The injured party should call 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical bills and lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. This system has safeguarded the victims of car accidents from being weighed down by out-of-pocket costs. However it is crucial to know what it means. In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain criteria. First and foremost, you must be injured in an accident in New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. In addition, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these are serious and can have a negative impact on a victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you deserve. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can provide you with legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They can also make a court filing on behalf of you against the driver who caused the accident. After a serious car accident you could be faced with astronomical medical expenses, lost wages and other expenses. These expenses are paid for by no-fault insurance and you should seek treatment immediately after a car accident even if it seems like you're 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 also covers a number of your out-of-pocket expenses, like the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. It is mandatory to attend, since failing to attend could result in retroactive denials of benefits. Purely faults that are comparable In many car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law gives injured parties the right to be compensated based on their percentage of fault. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault, which caps the amount of fault a claimant can be deemed to have to exclude them from receiving 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 crash depends on proving two things: negligence and causation. Negligence is the act of breaking a law or committing an act in reckless disregard. The causality is the manner in which the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. 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 are still able to seek compensation even if they are partially at the fault. If the claimant is found to be more than 50% at fault, then they are not able to claim damages. In this instance, it is important to work with a skilled attorney. Comparative fault is applicable to nearly every personal injury or death case where a victim (or the descendants of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be somewhat more complex in wrongful death claims. It is essential to comprehend the concept of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and several liability can also apply if there are several defendants. This is a system which splits the verdict among all defendants in the event that the jury finds that you are jointly and severally liable for the incident. This is a great method to ensure that you get the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents can be stressful enough, and the aftermath can be even more challenging. Injured victims often must deal with medical expenses and loss of income due to being incapable of working and suffer from emotional and physical pain. They also have to worry about whether they can cover rent and other daily expenses. They don't need to be subjected the delay tactics employed by an insurance company to get them to take low settlement offers. Insurance companies are in business to earn money. They do this by denying or reducing your claims. Insurance agents will employ every method to stop you from obtaining the compensation you are entitled to. This is why it is so important to hire an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' devious strategies. In order to save money, insurance companies will do whatever they can to delay or derail your claim. They also try to avoid responsibility by claiming that your injuries aren't related to the crash or that they don't require treatment. They may even claim that the accident was the result of a prior medical condition. In some cases, an insurance adjuster will come up with a settlement amount that seems reasonable. This is a typical method that a lot of people are enticed by. In reality, the price is significantly less than the amount you will actually have 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 drivers to be injured while driving another's vehicle 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 uses a device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include 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 in investigating the crash to determine all parties that might be accountable for your injuries and damages. They may also file a claim or lawsuit against the driver to recover your damages. Springfield injury lawsuit www.youtube.com defines reckless driving as 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. To convict someone the police officer must prove more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could have caused an accident or place others in danger. In some instances, even a minor traffic offense can be viewed as a form of reckless driving in New York. A violation of a stop sign, or a red light could result in a serious accident. If a driver is found driving recklessly, he or she may be convicted of misdemeanor charges and face fines or even jail time. Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, as well as hefty fines. This could cause driver's insurance rates to increase significantly. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are very strict and could result in substantial penalties that include fines and jail time. The severity of a penalty depends on a number of factors like the severity of an accident, as well as aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. An attorney for reckless driving who is experienced will be able to determine the causes of an accident and gather evidence to show your innocence. This evidence might include witness statements, cellphone records to look for distracted driving, photos and videos of 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.