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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. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party must immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal requirements after the crash. They can assist in obtaining compensation for their medical bills 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 own automobile insurance policies for medical, 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 but it is essential to understand exactly what it is and what it does not mean. To be eligible for No-Fault insurance you must satisfy some requirements. First and foremost, you must be injured in an accident in New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian hit by the vehicle. The person injured must be treated in a hospital or by 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. These are all extremely serious injuries, and could have a significant negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. Following a serious car accident A lawyer can help you in a variety of ways. They can provide you with legal options, conduct an extensive investigation and engage with the insurance company on your behalf. They can also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident. There is a chance that you will have to pay for astronomical medical expenses as well as lost wages and other expenses following a serious car accident. These costs can be covered by no fault insurance, and you should seek treatment immediately following a car crash even if it seems like you are fine. If you are unable return to work, no-fault insurance will cover 80% of your lost wages up to $2,000 per month. It also covers an important portion of the cost you incur out-of-pocket which includes the cost of household assistance. Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You 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 cases, the plaintiffs may be held to be fully or partially responsible for the incident. The law permits injured parties to recover damages according to the proportion of fault that can be attributable to them. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant may be deemed to have in order to keep them from receiving financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident rests on showing two things: negligence and causation. Negligence is the act of breaking the law or acting with unreasonable negligence. The causality is the way that the negligence led to the injury. To prove legal responsibility, the plaintiff must also show the economic losses resulted from their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma and 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 responsible. If the claimant is found to be more than 50 percent at the fault, they will be barred from recovering any damages. In this instance it is essential to work with a skilled attorney. Comparative fault applies to almost any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault can be slightly more complicated in wrongful death claims. The concept of comparative blame is crucial to know when filing an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure you receive the maximum compensation possible for your injuries. Joint and several liability could also be a possibility if there are multiple defendants. This is a system that splits the judgment amongst all the defendants if the jury decides that you are jointly and severally liable for the incident. This is a great method to ensure that you receive the most compensation for your injuries. The tactics of the insurance company Car accidents are stressful enough, but the aftermath can be more difficult. The injured victims are often confronted with medical bills, loss of income due to inability to work or suffer physical discomfort. They also have to think about how they will pay rent and other expenses of daily living. They don't have to endure the delay tactics employed by insurance companies to get them to take low settlement offers. Insurance companies exist to make money. They do this by refusing or reduce your claims. Insurance companies will employ every method to deny you the money you deserve. This is why it's so important to hire an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies' sneaky strategies. Insurance companies will do everything they can to delay your claim or slow the process to save as much as possible. They may also attempt to keep the blame off by claiming that the injuries are not related to the accident or that they do not require treatment. They may even claim that your crash was caused by a previous medical condition. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a common trick that many people are enticed by. The offer is significantly less than the amount you must pay to cover medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. However, it is common for people to be injured while driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving is when a driver uses devices to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather conditions. Reckless driving You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine who might be accountable for your injuries and damage. They may also bring a lawsuit or claim against the driver to recover your 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 motorists and people on foot or on bicycles. To find someone guilty the police officer has to prove more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger. In some instances even a minor traffic offense can be considered a form of reckless driving in New York. For example driving at the red light or stopping sign could cause a serious accident and injury. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor and be subject to an indictment or a fine. Reckless driving can cause severe injuries to pedestrians, drivers and bicyclists. A conviction for this offense could result in the addition of points to your license and hefty fines. This can cause a driver's insurance rates to rise significantly. It is crucial to employ 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 severe penalties which include fines and even imprisonment. Scranton injury attorney of the penalty depends on a variety of variables like the severity of an accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A reckless driving accident lawyer with experience can determine the root of the accident and gather evidence to show your innocence. This could include witness statements, cell phone records to check for distracted driving, photos and videos from the scene of the accident and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.