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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. Certain accidents could cause serious injuries, even if they are just minor collisions. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident attorney can assist victims with their legal issues following a crash. They can help victims obtain compensation for medical expenses and lost income. No-fault Insurance New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical costs, lost wages and other related costs to an accident. While this system has helped protect car accident victims from being buried by out-of-pocket costs It is crucial to know exactly what it means and does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. You must first and foremost be injured in an accident that occurred in New York. You must be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist who was struck by the vehicle. The injured party also must be treated in a hospital or by an authorized provider. In addition you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely serious injuries, and can have a devastating negative impact on the person's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve. After a serious auto accident A lawyer can help you in a number of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also make a court-filed lawsuit on behalf of you against the driver responsible for the crash. You may have to pay astronomical medical costs along with lost wages and other expenses after a serious auto accident. No-fault insurance will pay for these as well, and you should seek treatment following an accident, even if you feel well. If you're unable to return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It can also cover a large portion of the cost you incur out-of-pocket which includes the cost of household assistance. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as the absence of this could result in retroactive denials of benefits. Purely comparative fault In a lot of car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law gives injured parties to recover damages in proportion to their share of blame. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault which limits the amount of fault a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the accident: negligence and causality. Negligence refers to breaking the law or acting in reckless disregard. The causality is the way in which the negligence caused the injury. To establish legal liability, plaintiffs must also show economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses can include emotional trauma, suffering and pain. New York is among the 13 states with a pure comparative fault law, which means that injured parties can still claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent responsible, they are not able to claim damages. In this instance, it's important to work with a knowledgeable attorney. Comparative fault is applicable to any personal injury or wrongful death instance where the victim (or the heirs) have suffered physical or mental damages. The concept of comparative fault is more complicated in the case of wrongful death. The concept of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to secure the maximum amount of compensation for your injuries. Additionally, if you have several defendants in your case the concept of joint and numerous liability may apply. The system splits the verdict between all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. Insurance Company Tactics Car accidents are stressful enough, but the aftermath can be more difficult. Injured victims often confront medical bills as well as a loss of income as a result of being unable to work in addition to their emotional and physical pain. They also have to think about how they will pay rent and other daily expenses. They don't need to be subjected the strategies of stalling employed by an insurance company to get them to accept lower settlement offers. Nashua injury lawyer You Tube is that most insurance companies are focused on making money and do this by denial or cutting claims. Insurance representatives will use any tactic they can to prevent you from getting the amount you are entitled to. This is why it is so important to hire a New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will take on insurance companies and their devious tactics. In order to save money insurance companies will do everything they can to delay or stop your claim. They will also try to avoid accountability by arguing that your injuries aren't caused by the crash or that they don't require treatment. They could even argue that your accident was caused by a previous medical condition. In certain cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a common tactic that many people fall prey to. This offer is much lower than the amount you must pay to cover medical expenses and other damage. New York law requires that all drivers carry no-fault coverage. It is not uncommon for people to sustain injuries while driving another person's car or in their own vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes for accidents. Distracted driving happens when a driver uses devices 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, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather conditions. Reckless driving You may 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 analyzing the accident to determine the parties that might be accountable for your injuries and damages. They can also file a lawsuit or claim against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists at risk. To find someone guilty the police officer has to prove more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger. In certain instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. For instance, running an intersection with a stop sign could result in serious injuries and accidents. If a driver is found driving recklessly, he or she might be found guilty of misdemeanors and be subject to fines or jail time. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this offense could result in the addition of points to your license, as well as substantial fines. This could result in driving's premiums rising significantly. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner. The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and jail time. The severity of the punishment depends on a number of factors including the severity of the incident and whether or not there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license. An experienced reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence that will show your innocence. The evidence could include witness statements, phone records to check 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 litigate insurance claims or lawsuits to secure the highest compensation for your injuries.