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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. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party must immediately call 911 and seek medical care. A New York car accident lawyer can help victims with their legal requirements after an accident. They can help victims get compensation for medical expenses as well as lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other related expenses. This system has safeguarded the victims of car accidents from being burdened with out-of pocket costs. However it is essential to know what it means. To qualify for No-Fault Insurance you must satisfy certain requirements. First of all, you must be injured in a motor vehicle accident that occurred in the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a certified provider. Additionally you must have sustained 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. These are all extremely serious injuries that could have a significant 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 you're due. A lawyer can assist you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, conduct a thorough investigation and engage with the insurance company on your behalf. They can also bring a lawsuit to court on your behalf against the driver who caused the accident. Following a serious car crash you could face astronomical medical bills, lost wages and other costs. These costs can be covered by no fault insurance, and you should seek treatment immediately after a car accident, even if it feels like you are fine. If you cannot return to work due to an accident, no-fault insurance can pay up to $2,000 for lost wages 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 an Exam Under Oath. what is it worth must show up for these appointments, because failure to attend could result in the denial of benefits retroactively. Purely comparative fault In many car accident lawsuits plaintiffs are partially or completely accountable for the crash. The law grants injured parties the right to receive damages according to their percentage of fault. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount that a claimant could be considered to have to prevent them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two elements to be legally accountable for the accident: negligence and causality. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. Causation refers to the way in which the negligence directly caused the injury. To establish legal liability the plaintiff must demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma as well as 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 are partially at fault. However, if the person seeking compensation is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this case it is crucial to consult with a reputable attorney. Comparative fault can be applied to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. However the concept of comparative fault can be a bit more complicated in wrongful death claims. It is important to understand the concept of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In addition, if you have multiple defendants in your case, the concept of joint and several liability could be applicable. This is a system that divides the judgment between all the defendants if the jury finds 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. Insurance company tactics Car accidents can be stressful enough, but the aftermath can be even more difficult. The injured victims are often confronted with medical bills, loss of income due to being unable to work or suffer physical discomfort. They also have to worry about how they will pay rent and other daily expenses. The last thing they need is to be subjected the stalling tactics of an insurance company who is trying to convince them to accept a settlement offer that is low. The reality is that most insurance companies are in the business of making money, and they do it by denying or reducing claims. Insurance agents will employ every strategy to prevent you from receiving the compensation you are entitled to. This is why it is so important to hire a New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will take on insurance companies' devious tactics. Insurance companies will do all they can to delay your claim or slow negotiations to save as much money as possible. They will also try and keep the blame off by claiming that your injuries aren't connected to the accident or that they do not require treatment. They might even claim that your accident was caused by a previous medical condition. In some cases an insurance adjuster may determine an amount of settlement that appears reasonable. This is a typical scam that many people are enticed by. This offer is lower than the amount you must pay to cover medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance coverage. It is nevertheless common for people to be injured while driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving happens when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you investigate the crash to identify all parties that could be responsible for your injuries and losses. They can also file a lawsuit or claim against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict a person of this crime the police officer must prove more than negligence or recklessness. This means that the police officer must prove that the driver was aware of their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light could cause serious accidents. 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 drivers, pedestrians, and bicyclists. If convicted of this offense will have points added to their licenses and could face massive fines. This can cause a driver's insurance rates to go up significantly. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis. New York's reckless-driving laws are very strict and can result in substantial 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 any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license. An experienced reckless accident lawyer will know how to investigate the causes of a crash and gather evidence that will demonstrate your innocence. This evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.