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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 common. While most of them are simply collisions between cars, some may cause serious injuries. Injured parties should call 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal requirements following the crash. They can assist in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that all drivers, 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 costs related to accidents. This system has protected car accident victims against being burdened with out-of pocket expenses. However, it is important that you understand what it means. To be eligible to benefit from No-Fault insurance, it is necessary to meet certain requirements. You must first and foremost be injured in an accident in New York. You must also be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian struck by the 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.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. All of these injuries are severe and can have a negative effect on a victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve. Following a serious car accident An attorney can assist you in a number of ways. They can provide you with legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They can also file a lawsuit in court on your behalf against the negligent driver who caused the accident. In the aftermath of a serious crash you could be faced with massive medical bills, lost wages and other expenses. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a car crash, even if it feels as if you're in good shape. If you are unable to return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It also covers the majority of the cost you incur out-of-pocket which includes the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. You must show up for these appointments, since not attending could result in a retroactive denial of benefits. Purely comparative fault In a majority of car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law gives injured parties the right to be compensated in proportion to their share of blame. This is called pure comparative negligence. Pure comparative fault is different from modified comparative fault, which caps the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In the case of a car crash the plaintiff's legal liability for the accident is contingent upon demonstrating two things that are causation and negligence. Negligence refers to breaking a law or acting in reckless disregard. The causality is the manner the negligence caused the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses caused by their injuries, like medical bills, lost income, and travel expenses to appointments. Other non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that those who are injured could still be able to claim compensation even if they are partially responsible. However, if the claimant is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this instance it is crucial to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful death situation in which the victim (or heirs) have suffered mental or physical damages. However, the concept of comparative fault can be somewhat more complex in wrongful death cases. It is crucial to grasp the principle of comparative negligence when filing an insurance claim following an accident in New York. Burbank injury lawsuits will work with the insurance companies to secure the maximum compensation for your injuries. In addition, if you have several defendants in your case, the concept of joint and numerous liability could be applicable. This system divides the verdict among all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the highest amount of compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, and the aftermath can be more difficult. The injured victims are often faced with medical bills, lost income due to inability to work, and physical pain. Rent and other costs of daily living are also a problem. They don't have to be subjected the strategies of stalling employed by insurance companies to convince them to take low settlement offers. The fact is, most insurance companies are focused on making money, and they do this by denial or reduction of claims. Insurance companies will employ every method to deny you the compensation you deserve. It is essential to find 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 attorneys will fight insurance companies and their sneaky tactics. In order to save money, insurance companies will do whatever they can to delay or derail your claim. They also try to evade responsibilities by arguing that your injuries are not directly related to the crash, or do not require treatment. They could even argue that your crash was caused by an earlier medical condition. In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a trick that a lot of people fall to. This offer is lower than the amount you need to pay in order to cover your medical expenses and other damages. New York law requires that all drivers carry no-fault coverage. However, it is common for people to be injured while driving or riding in another person's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using an electronic device while driving to send or receive text messages or 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 are drunk driving, road conditions, and weather 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 driver accident lawyer can assist in analyzing the accident to determine all parties that may be accountable for your injuries and the damages. They could also initiate a lawsuit or claim against the driver to claim damages. The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that puts at risk the lives and safety of other motorists and people on foot or on bicycles. To find someone guilty the police officer has to prove more than just negligence or carelessness. The officer must demonstrate 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. Running a stop sign or red light could result in an accident that is serious. If a driver is found driving recklessly, he or she may be convicted of misdemeanors and be subject to penalties such as fines or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this offense can lead to the addition of points to your license, as well as hefty fines. This could cause driver's insurance rates to go up significantly. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties including fines and prison. The severity of the punishment depends on a number of factors such as the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident attorney with experience can determine the causes of an accident and gather evidence to prove your innocence. The evidence could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.