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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 a common occurrence. Certain accidents could cause serious injuries even if they're just minor collisions. Injured parties should call 911 and seek medical attention right away. A New York car accident attorney can help victims with their legal issues after an accident. They can assist victims in obtaining compensation for medical expenses as well as 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 personal automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is crucial that you understand what it means. To be eligible for No-Fault Insurance you must satisfy certain requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured person must be treated at an accredited hospital or provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these are serious and could have a negative impact on the victim's life. A New York injury lawyer can assist you if been injured in a major New York car accident. Following a serious car accident A lawyer can help you in a variety of ways. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also file a court case on your behalf against the driver who caused the crash. After a serious car accident you could be faced with astronomical medical expenses, lost wages and other expenses. These costs can be covered by no fault insurance, and you should seek medical attention immediately after a car accident, even if it feels like you are fine. If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It will also cover a lot of your out-of-pocket costs, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. You must show up for these appointments, since not attending could result in the denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits, plaintiffs are partially or completely accountable for the incident. The law allows injured parties to recover damages according to the percentage of fault that can be given to them. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault, which limits the amount of fault that a claimant can be deemed to have to exclude them from receiving financial compensation. Modified comparative fault states usually place the limit between 49 and 51 percent. In a car accident, the plaintiff must prove two things in order to be legally responsible for the crash the other being negligence and causality. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income and travel expenses resulting from their injuries. 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 injured parties may still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this case, it's important to consult a knowledgeable attorney. Comparative fault can be applied to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical injuries. However the concept of comparative fault can be slightly more complicated in wrongful death cases. The concept of comparative blame is crucial to know when filing a claim for compensation after an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and will work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Joint and several liability could also be a possibility if there are several defendants. This is a method that splits the judgment amongst all the defendants if the jury decides that you are jointly and severally liable for the accident. This is a great way to ensure that you get the maximum amount of compensation for your injuries. Strategies of insurance companies The aftermath of a car crash can be just as stressful. Injured victims often confront medical bills as well as a loss of income due to being unable to work in addition to their physical pain and emotional stress. Rent and other costs of daily living are also a concern. The last thing they need is to be subjected to the stalling tactics of an insurance company trying to get them to accept a low settlement offer. Insurance companies exist to earn money. They do this by denying or cutting your claims. Insurance companies will employ any method to stop you from obtaining the amount you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sly strategies. Insurance companies will do everything in their power to delay your claim or slow the process to save as much money as possible. 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 your crash was caused by an earlier medical condition. In certain cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a classic scam that a lot of people fall for. This offer is much lower than the amount you need to pay in order to cover your medical expenses and other damage. New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to get injured while driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving happens when a driver uses a device while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, 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 driving accident lawyer can assist you examine the crash to determine all parties who may be liable for your injuries and losses. They could also make a claim or lawsuit against the driver in order to collect damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone, a policeman must show more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. For instance driving through a red light or stop sign could cause a serious accident and injury. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines 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 licenses and may be subject to large fines. This could cause drivers' insurance rates to rise substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is held accountable in a fair manner. The reckless driving laws in New York are extremely strict and could result in substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of variables, such as the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license. An experienced reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence that will show your innocence. Carrollton injury lawyer 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 defend lawsuits or insurance claims to secure the highest compensation for your injuries.