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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. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should immediately call 911 and seek medical care. A New York car accident attorney can help victims with their legal issues 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 motorists passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried due to expenses out of pocket, it is important to understand exactly what it is and what it does not mean. To qualify for No-Fault Insurance, you must meet a few criteria. First and foremost you must have been injured in a vehicle accident that took place in the state of 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. In addition you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. All of these injuries are severe and can have a negative effect on a victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the negligent driver responsible for the crash. After a serious car accident, you may be facing massive medical expenses, lost wages and other expenses. No-fault insurance can help with these costs, and you should always seek treatment following a crash, even if you feel well. If you're unable to return to work, no-fault insurance will pay 80% of your lost wages up to $2,000 per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance. Insurance companies 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. Pure comparative fault In many car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law grants injured parties to be compensated according to their percentage of the fault. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault, which caps the amount of fault that a claimant can be deemed to have in order to exclude them from receiving 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 is the act of breaking the law or acting with reckless carelessness. The causality is the manner in which the negligence caused the injury. To establish legal liability, the plaintiff must also show the economic losses resulted from their injuries, like medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma and pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that the injured party may still be able to claim compensation even if they are partially responsible. However, if the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this case it is crucial to work with a skilled attorney. Comparative fault can be applied to any personal injury or wrongful-death situation in which the victim (or the heirs) have suffered mental or physical injuries. The concept of comparative blame is more complicated in the case of wrongful death. The concept of comparative blame is crucial to know when making claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident and will work with insurance companies to ensure 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 numerous liability could apply. Oakland injury lawsuit youtube.com splits the verdict between all defendants when the jury finds you jointly and severally liable for the accident. This is a great method to ensure that you get the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car crash can be equally stressful. Injured victims often must deal with medical bills as well as a loss of income due to being in a position of no work and suffer from emotional and physical pain. Rent and other expenses are also a concern. They don't have to endure the stalling tactics used by insurance companies to convince them to accept lower settlement offers. The fact is, most insurance companies are in the business of making money, and they do it by denying or cutting claims. Insurance representatives will use any strategy to prevent you from receiving the compensation you are entitled to. This is why it is crucial to find a New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will take on insurance companies and their shady tactics. Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much money as possible. They may also attempt to avoid accountability by arguing that your injuries are not directly related to the crash, or they do not require treatment. They may even argue that you had a prior medical condition that is to blame for the crash. In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a typical scam that many people are enticed by. This offer is lower than the amount you have to pay to cover your medical expenses and other damages. New York law requires that all drivers have no-fault insurance. However, it is common for people to get injured while driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses an electronic device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify all parties who may be liable for your injuries and losses. They could also initiate a lawsuit or claim against the driver in order to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists in danger. To convict someone the police officer has to prove more than just 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. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light could cause a serious accident. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to fines or jail time. Unsuspecting driving can cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this type of offense can result in the addition of points to your license, and hefty fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties including fines and jail time. The severity of the penalty depends on a variety of factors, including the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will prove your innocence. This could include witness statements, phone records to check whether the driver was distracted, photos and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.