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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular event in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured parties should immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with legal issues after an accident. They can assist them in obtaining compensation for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. This system has protected 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 some requirements. First and foremost, you must be injured in an accident that occurred in New York. You must be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist struck by the vehicle. The injured party also must be treated in a hospital or by a certified provider. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. All of these injuries are severe and can have a negative effect on a victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. Following a serious car accident An attorney can assist you in a number of ways. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also initiate a court action on behalf of you against the driver who caused the accident. You may have to pay astronomical medical costs, lost wages and other expenses after a serious auto accident. No-fault insurance can cover these costs as well, and you should seek treatment after an accident, even though you feel okay. If you cannot return to work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It also covers the majority of your out-of-pocket costs, including the cost of household assistance. Insurance companies frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as failure to do so may result in retroactive denials of benefits. Purely comparative fault In many cases of car accidents the plaintiffs could be liable in part or full for the accident. The law allows injured parties the right to recover damages according to their percentage of fault. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a person could be considered to be owed to prevent them from receiving financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally responsible for the crash the other being negligence and causality. Negligence is the act of breaking the law or acting with reckless carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal liability plaintiffs must also prove economic losses, including 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, which means that those who are injured could still be able to seek compensation if they were partially at fault. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this case it is essential to work with an experienced attorney. Comparative fault can be applied to almost any personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault is somewhat more complex in wrongful death claims. The concept of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own contribution to the accident and will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. In addition, if you have several defendants in your case, the concept of joint and multiple liability could apply. This is a method that splits the judgment amongst all defendants if the jury decides that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you receive the most compensation for your injuries. Tactics of the Insurance Company The aftermath of a car crash can be as stressful. Injured victims often must deal with medical bills and a loss of income from being unable to work in addition to their physical pain and emotional stress. They also have to worry about whether they can cover rent and other expenses of daily living. They don't need to be subjected the stalling tactics used by insurance companies to convince them to accept lower settlement offers. The reality is that most insurance companies are focused on making money and do this by denying or cutting claims. Insurance agents will use every method to deny you the money you are entitled to. This is why it is crucial to find 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 fight insurance companies and their shady tactics. To save money insurance companies will do whatever they can to delay or stop your claim. They may also attempt to avoid liability by arguing that the injuries are not connected to the accident or that they do not require treatment. They might even claim that you had a prior medical condition that is to blame for your crash. In certain cases an insurance adjuster may arrive at a settlement amount that seems reasonable. This is a typical trick that a lot of people fall for. This offer is lower than the amount you need to pay in order to cover medical expenses and other damages. New York law requires that every driver have no-fault insurance. It is nevertheless common for people to become injured when driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver uses a device to send or receive text messages, make phone calls, or listens to music while driving. 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 if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine all parties that might be responsible for your injuries and the damages. They can also file a lawsuit or claim against the driver in order to claim damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of others on the road and pedestrians or riders on bicycles. To convict someone, a policeman must show more than just negligence or recklessness. This means that the police officer must prove that the driver was aware of their actions were likely to cause an accident or put others at risk. Even minor traffic violations can be considered reckless driving in New York. For instance driving at a red light or stop sign could result in serious injuries and accidents. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor crime and face an indictment or a fine. Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this crime can result in the addition of points to your driver's license, as well as hefty fines. This could cause drivers' insurance rates to go up substantially. Milpitas injury lawsuits is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner. The reckless driving laws in New York are extremely strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on a variety of factors, including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident lawyer who is experienced will know how investigate the root of the accident and gather evidence to demonstrate your innocence. This evidence could include witness statements as well as 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 file and defend insurance claims or lawsuits to ensure you receive the maximum compensation for your injuries.