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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent occurrence in New York City. While most of them are simply fender benders, some can cause serious injuries. Anyone injured should dial 911 and seek medical attention right away. A New York car accident attorney can assist victims with legal issues following the crash. They can help victims get 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 well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. This system has protected those who have been injured in car accidents from being weighed down by out-of-pocket costs. However it is essential that you understand what it means. To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated at a hospital or an authorized provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely serious injuries that can have a devastating negative impact on the victim's life. A New York injury lawyer can assist you if you've 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 help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. Greeley injury attorneys can also file a court case on your behalf against the person who caused the accident. There is a chance that you will have to pay astronomical medical costs, lost wages and other expenses following a serious accident. No-fault insurance can help with these costs as well, and you should seek treatment following an accident, even though you feel okay. If you are unable to return work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover an important portion of the cost you incur out-of-pocket such as the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must show up for these appointments, because failing to do so could result in the denial of benefits retroactively. Pure faults that are comparable In many car accident lawsuits plaintiffs are either completely or partially accountable for the crash. The law gives injured parties the right to be compensated based on their percentage of fault. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a claimant may be deemed to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a car accident case the plaintiff's legal liability for the crash depends on demonstrating two things: negligence and causation. Negligence is the violation of a law, or acting with unreasonable negligence. Causation is the process by which the negligence directly caused the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income and travel expenses, caused by their injuries. Other non-economic losses include emotional trauma, suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that the injured party could still be able to claim compensation even if they are partially at fault. However, if the claimant is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this case, it is important to consult with a seasoned attorney. Comparative fault can be applied to any personal injury or wrongful death instance where the victim (or their heirs) have suffered physical or mental 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 crucial to know when filing an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and multiple liability may also apply if there are multiple defendants. The system splits the verdict among all defendants if the jury finds you jointly and severally liable for the accident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents can be stressful enough, but the aftermath can be even more challenging. The victims of injuries typically confront medical bills and a loss of income as a result of being in a position of no work, not to mention their emotional and physical pain. They also have to worry about how they will pay rent and other expenses of daily living. They don't have to be subjected the delay tactics employed by an insurance company to try and get them to accept lower settlement offers. The reality is that most insurance companies are focused on making money, and they do it by denying or reducing claims. Insurance agents will use every method to deny you the compensation you are entitled to. This is why it's essential to work with an New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. To save money, insurance companies will do anything they can to delay or stall your claim. They may also attempt to avoid responsibility by claiming that your injuries are not related to the crash or that they don't require treatment. They could even argue that your crash was caused by a previous medical condition. In certain cases, an insurance adjuster will determine an amount for settlement that seems reasonable. This is a common scam that many people are enticed by. In reality, the price will be significantly lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. However, it is not uncommon for people to get injured while driving or riding in another's vehicle. The most frequent causes of accidents include distracted driving, reckless driving and speeding. Distracted driving occurs when a driver is using devices while driving to send or receive texts or phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine who could be accountable for your injuries and damage. They can also make a claim or a lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as operating an automobile in a manner that endangers the lives and safety of others on the road and people on foot or on bicycles. To convict someone the police officer has to prove more than just negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance driving at a red light or stop sign could lead to an accident that is serious and cause injury. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or jail time. Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. Anyone who is found guilty of this offense will receive points added to their licenses and could face massive fines. This could result in driving's premiums rising significantly. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are extremely strict and could lead to substantial penalties which include fines and even imprisonment. The severity of the penalty depends on several factors such as the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A reckless driving accident attorney who is experienced will be able to determine the causes of an accident and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.