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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are frequent. Certain accidents could cause serious injuries, even if they are only minor collisions. Injured parties should call 911 and seek medical attention right away. youtube.com can assist victims with legal issues after an accident. They can assist in obtaining compensation for their medical bills and lost wages. No-fault Insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. While this system has protected car accident victims from being buried due to out-of-pocket costs It is crucial to know what it does and does not mean. To be eligible to benefit from No-Fault insurance, you have to meet certain criteria. First of all you must have been injured in a car accident that occurred in the state of New York. You must be a driver or passenger in the insured vehicle or a bicyclist or pedestrian struck by the vehicle. The injured person must be treated in an accredited hospital or provider. Additionally you must have suffered an “serious injury.” Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries, and can have a devastating negative impact on the life of the victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. A lawyer can help you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They may also bring a lawsuit to court on your behalf against the negligent driver who caused the accident. You may have to pay astronomical medical bills along with lost wages, and other expenses following a serious accident. No-fault insurance is able to cover these costs, and you should always seek out treatment after a crash, even if you feel fine. If you cannot return to work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover many of your out-of-pocket costs, including 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). Attendance is mandatory, as failure to do so may result in denial of benefits retroactively. Pure faults that are comparable In a lot of car accident lawsuits, plaintiffs are partly or totally accountable for the incident. The law gives injured parties the right to be compensated according to their percentage of fault. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a claimant could be found to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent. In a car accident, the plaintiff must prove two elements to be legally responsible for the crash the other being negligence and causality. Negligence refers to breaking a law or acting with reckless carelessness. Causation refers to how the negligence directly caused the injury. To establish legal liability the plaintiff has to prove the economic damages resulted from their injuries, like medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that the injured party could still be able to seek compensation if they were partially at fault. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this instance, it's important to work with a knowledgeable attorney. Comparative fault applies to any personal injury or wrongful death case in which the victim (or heirs) have suffered mental or physical damages. However, the concept of comparative fault can be somewhat more complex in the case of wrongful death claims. The principle of comparative fault is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. In addition, if you have multiple defendants in your case the concept of joint and multiple liability may apply. This system splits the verdict among all defendants if the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries. Insurance company tactics Car accidents can be stressful enough, and the aftermath can be more challenging. 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 distress. Rent and other expenses are also a problem. They don't have to be subjected to the strategies of stalling employed by an insurance company to convince them to accept lower settlement offers. The reality is that most insurance companies are in the business of making money and they do it by denying or reducing claims. Insurance agents will use every method to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will stand up to insurance companies and their devious tactics. To save money, insurance companies will do anything they can to delay or stop your claim. They may also attempt to evade responsibilities by arguing that your injuries are not related to the crash or they do not require treatment. They might even claim that you suffer from a previous medical condition that is the reason for your crash. In certain cases, an insurance adjuster will determine a settlement amount that seems reasonable. This is a classic trick that many people are enticed by. In reality, this offer is significantly less than what you really need to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to be injured while driving another's vehicle or in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving happens when a driver uses devices while driving to send or receive texts or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. 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 driving accident lawyer can assist you examine the crash to determine all parties that could be accountable for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover your 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 has to prove more than just negligence or carelessness. This means that the officer must show that the driver was aware of their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance driving through the red light or stopping sign could result in serious injuries and accidents. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and face either a fine or jail sentence. Incorrect driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this offense can result in the addition of points to your driver's license, as well as hefty fines. This could cause drivers' insurance rates to increase significantly. It is essential to find an New York reckless driving accident attorney who will ensure the driver is found guilty fairly. The laws regarding reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of the penalty is contingent on a variety of factors such as the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence. A reckless driving accident lawyer who is experienced can determine the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements, phone records to check if the driver was distracted, photos and videos taken 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 with the aim of getting you the most compensation for your injuries.