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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. YouTube of these accidents can cause serious injuries even if they're only minor collisions. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal issues following an accident. They can assist in obtaining compensation for their medical bills and lost wages. No-fault insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical expenses, lost wages and other accident-related costs. This system has safeguarded car accident victims against being burdened with out-of pocket expenses. However, it is important to understand what it means. To be eligible for No-Fault insurance You must satisfy a few criteria. First and foremost, you must have been injured in an accident in New York. You must also be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian struck by the vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. You must be able to prove that you 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 effect on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. After a serious auto accident An attorney can assist you in a variety of ways. 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 behalf of you against the negligent driver who caused the accident. Following a serious car crash, you may be facing massive medical bills, lost wages, and other expenses. No-fault insurance can help with these costs as well, and you should seek out treatment after an accident, even if you feel well. If you are unable to return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It can also cover an important portion of your out-of-pocket expenses such as the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. You must be present at these appointments, because not attending could result in the denial of benefits retroactively. Pure faults of a comparative nature In a majority of car accident lawsuits, the plaintiffs are partially or completely accountable for the crash. The law permits injured parties to seek damages based on the percentage of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount that a claimant may be deemed to be owed to prevent them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In the case of a car crash the plaintiff's legal liability for the accident is contingent upon proving two things that are causation and negligence. Negligence is the act of breaking the law or acting in reckless disregard. Causation refers to how the negligence directly caused the injury. To establish legal liability the plaintiff has to show the economic losses resulted from their injuries, for example, medical bills, lost income, and travel costs to appointments. Non-economic losses are emotional trauma and pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This 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 percent responsible, they are barred from claiming damages. In this situation it is essential 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 physical or emotional damages. However, the concept of comparative fault is somewhat more complex in wrongful death claims. The concept of comparative blame is crucial to know when making an action for compensation following an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident and work with insurance companies to ensure that you receive the most compensation you can for your injuries. Joint and several liability can be used in the event of multiple defendants. This is a method which splits the verdict among all defendants if the jury determines that you are jointly and severally liable for the accident. This is an excellent way to ensure you receive the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car accident can be as stressful. The injured victims are often faced with medical bills, loss of income due to inability to go to work and physical discomfort. They also have to think about whether they can cover rent and other expenses that are part of their daily lives. They don't have to endure the strategies of stalling employed by insurance companies to try and get them to accept lower settlement offers. The fact is, most insurance companies are in the business of making money and do it by denying or cutting claims. Insurance companies will employ any tactic they can to prevent you from receiving the amount 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 lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will take on insurance companies and their shady tactics. To save money insurance companies will do anything they can to delay or stall your claim. They also try to avoid liability by arguing that the injuries are not directly related to the crash or that they do not require treatment. They could even argue that the accident was caused by an earlier medical condition. In some cases the insurance adjuster might offer a settlement that appears reasonable. This is a classic trick that many people fall for. The offer is significantly less than the amount you'll have to pay to cover medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance coverage. It is nevertheless common for people to get injured while driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using 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 are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you investigate the crash to identify all parties who may 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 vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone of this crime the police officer must prove more than carelessness or negligence. This means that the officer must prove that the driver knew their actions could cause an accident or put others in danger. In certain instances even a minor traffic violation could be viewed as a type of reckless driving in New York. A violation of a stop sign, or a red light could cause an accident that is serious. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor crime and face an indictment or a fine. Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. Anyone who is found guilty of this offense will receive points added to their license and could be subject to large fines. This could result in driving's premiums rising significantly. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner. New York's reckless driving laws are quite strict and can lead to substantial penalties that include fines and jail time. The severity of the penalty depends on several factors including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. An attorney for reckless driving with experience can determine the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements and cell phone records to check for distracted driving, images and videos of the scene of the crash as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.