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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 fender benders, some can result in serious injuries. The injured parties should immediately call 911 and seek medical care. A New York car accident attorney can assist victims with their legal issues after a crash. They can assist victims in obtaining 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 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 important to know what it means. To be eligible for the benefits of No-Fault insurance, you must meet certain requirements. First and foremost, you must be injured in an accident that occurred in 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 an accredited hospital or provider. In addition you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries that can have a profoundly negative impact on the person's life. A New York injury lawyer can assist you if been injured in a major New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also file a court case on your behalf against the driver who caused the accident. You may have to pay astronomical medical bills along with lost wages and other expenses following a serious accident. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a car crash, even if it feels as if you're in good shape. If you cannot return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It will also cover an important portion of the cost you incur out-of-pocket, including the cost of household help. Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failure to do so may result in retroactive denials of benefits. Purely faults of a comparative nature In many car accident cases the plaintiffs could be held to be fully or partially responsible for the incident. The law gives injured parties the right to recover damages according to their percentage of blame. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount a claimant could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two things to be legally accountable for the crash that is, negligence and causality. Negligence refers to breaking a law or committing an act with unreasonable carelessness. Causation refers to the way in which the negligence directly caused the injury. To demonstrate legal responsibility, the plaintiff must also prove the economic damages caused by their injuries, for example, medical bills, lost income and travel expenses for appointments. 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 those who are injured may still be able to seek compensation if they were partially responsible. However, if the claimant is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this situation it is crucial to consult a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful death situation where the victim (or heirs) have suffered mental or physical injuries. However the concept of comparative fault is somewhat more complex in wrongful death claims. It is crucial to grasp the principle of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the most compensation for your injuries. In addition, if you have several defendants in your case the concept of joint and numerous liability could apply. This is a method that divides the judgment between all the defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, and the aftermath can be even more challenging. Injured victims often confront medical bills as well as a loss of income from being unable to work, not to mention their physical pain and emotional stress. They also have to worry about whether they can afford rent and other daily expenses. The last thing they want is to be subjected to the stalling tactics of an insurance company who is trying to convince them to accept a settlement offer that is low. The fact is, most insurance companies are focused on making money and do this by denying or cutting claims. Insurance companies will employ any method to stop you from obtaining the amount you are entitled to. It is crucial to employ 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 of car accident victims. Our lawyers will take on insurance companies and their shady tactics. To save money insurance companies will do anything they can to delay or derail your claim. They will also try and avoid liability by arguing that your injuries aren't related to the accident or do not require treatment. They might even claim that you had a prior medical condition that is to blame for the crash. In some instances an insurance adjuster may determine an amount for settlement that seems reasonable. This is a common tactic that a lot of people fall to. In reality, this offer is significantly less than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to sustain injuries when driving a vehicle of another or in their vehicle. Some of the most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents include drunk driving, road conditions and weather. Reckless driving You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you investigate the crash to identify all parties that could be liable for your injuries and losses. They may also file a lawsuit or claim against the driver in order to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists in danger. To convict someone the police officer must prove more than mere negligence or carelessness. This means that the police officer must show that the driver was aware that their actions were likely to cause an accident or put others in danger. In some instances even a minor traffic infraction 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 an accident that is serious. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor and be subject to an indictment or a fine. Incorrect driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this crime can lead to the addition of points to your driver's license, and hefty fines. This could result in driving's premiums rising significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are extremely strict and could result in substantial penalties including fines and prison. The severity of the penalty is contingent on several factors such as the severity of the accident and whether or not there were aggravating circumstances. Madison injury lawsuits www.youtube.com driving conviction can also result in a driver's license being suspended. A seasoned reckless driving accident lawyer knows how to investigate the causes of a crash and gather evidence to demonstrate your innocence. This could include witness statements, phone records to check if the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest amount of compensation for your injuries.