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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. While most of them are just accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal issues after the crash. They can help victims get compensation for medical expenses as well as lost income. No-fault insurance New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as well as bicyclists and cyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other related costs to an accident. While this has helped to protect car accident victims from being buried by expenses out of pocket It is crucial to know what it is and what it does not mean. To be eligible to benefit from 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, a passenger or pedestrian in the insured vehicle. The person injured must be treated at a hospital or an authorized provider. In addition you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these injuries are serious and can have a negative effect on a victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. After a serious auto accident, a lawyer can assist you in a variety of ways. They can provide you with legal options, conduct an in-depth investigation and engage with the insurance company on your behalf. They may also bring a lawsuit to court on behalf of you against the driver who caused the accident. In the aftermath of a serious crash 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 treatment immediately following a collision even if it seems as if you're in good shape. If you are unable to return work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It will also cover the majority of your out-of-pocket expenses, including the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. The requirement to attend is that the absence of this could result in denial of benefits retroactively. Purely faults that are comparable In many cases of car accidents the plaintiffs could be held to be fully or partially responsible for the incident. The law allows the injured party to claim damages according to the percentage of the blame that is assigned to them. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault an individual claimant is deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally responsible for the accident that is, negligence and causality. Negligence is the act of breaking the law or acting with unreasonable negligence. The causality is the manner that the negligence led to the injury. To establish legal liability plaintiffs must also prove economic losses, such as medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative fault law, which means that injured parties can still claim compensation even if they were partially at fault. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this case it is crucial to work with a knowledgeable attorney. Comparative fault can be applied to almost every personal injury or death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is slightly more complicated in the case of wrongful death claims. The concept of comparative fault is essential to be aware of when filing an action 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. Joint and several liability can be used in the event of multiple defendants. This is a system which splits the verdict among all defendants in the event that the jury decides that you are jointly and multiplely responsible for the incident. This is an excellent way to ensure that you receive the most compensation for your injuries. Insurance company tactics The aftermath of a car crash can be just as stressful. The victims of injuries typically confront medical expenses and loss of income due to being incapable of working in addition to their emotional and physical pain. Rent and other costs of daily living are also a problem. They don't have to be subjected the delay tactics employed by insurance companies to get them to accept low settlement offers. The fact is, most insurance companies are focused on making money and they do it by denying or reducing claims. Insurance companies will employ every tactic possible to deny you the money you are entitled to. This is why it's crucial to find an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies and their devious tactics. Insurance companies will do all they can to delay your claim or slow the negotiations in order to save as much money as possible. They also try to avoid responsibility by claiming that your injuries are not directly related to the crash, or they do not require treatment. They might even claim that you have a prior medical condition that is to blame for the crash. In certain cases, the insurance adjuster will offer a settlement that appears reasonable. This is a classic method that many people are enticed by. In reality, this offer will be much lower than the amount you will actually have to pay for your medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is not uncommon for drivers to be injured while driving another's vehicle or riding in their vehicle. The most frequent causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using an electronic device while driving to send or receive messages, 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 accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify the parties accountable for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the act of operating an automobile in a manner that endangers the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty, a policeman must show more than just negligence or carelessness. This means that the police officer must show that the driver knew their actions were likely to cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For example driving through the red light or stopping sign could result in an accident that is serious and cause injury. If a driver is caught driving recklessly, they may be convicted of misdemeanor charges and face penalties such as fines or jail time. Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. Those who are convicted of this crime will be subject to points added to their licenses and may be subject to massive fines. This could cause drivers' insurance rates to go up significantly. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. New York's reckless driving laws are very strict and could result in substantial penalties that include fines and jail time. The severity of a penalty depends on a variety of variables like the severity of an accident and whether there were aggravating circumstances. Hemet injury lawsuits for reckless driving can also result in suspension of a driver's license. An experienced reckless accident lawyer will know how to determine the cause of a collision and gather evidence that will show your innocence. This could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos of 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 amount of compensation for your injuries.