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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. While most of them are just accidents that cause fender benders, a few can cause serious injuries. The injured parties should immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with legal issues after a crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried by out-of-pocket costs, it is important to understand exactly what it does and does not mean. To be eligible for No-Fault insurance You must satisfy certain requirements. First of all you must be injured in a motor vehicle accident that took place in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person injured must be treated in a hospital or an authorized provider. Additionally you must have suffered an “serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries, and can have a profoundly negative impact on the person's life. A New York injury lawyer can help you if you have been injured in a major New York car accident. After a serious auto accident An attorney can assist you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident. In the aftermath of a serious crash, you may be facing huge medical bills, lost wages and other expenses. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately following a collision even if it seems like you're fine. If you are unable return to work, no fault will cover 80 percent of your lost wages up to $2,000 per month. It also covers an important portion of the cost you incur out-of-pocket, including the cost of household assistance. Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as the absence of this could result in denial of benefits retroactively. Purely comparative fault In a majority of car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law allows injured parties to seek damages according to the proportion of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault a claimant can be deemed to have to disqualify them from financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In a car accident the plaintiff must prove two elements to be legally accountable for the crash that is, negligence and causality. Negligence is the violation of the law or acting with unreasonable negligence. Causation refers to how the negligence directly contributed to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, including medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that the injured party could still be able to claim compensation even if they were partially responsible. However, if the claimant is found to be more than 50% at fault, they are 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 case in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in the case of wrongful death. The principle of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will work with the insurance companies to secure the most compensation for your injuries. In addition, if have several defendants in your case the concept of joint and several liability may apply. This is a method which splits the verdict among all defendants in the event that the jury determines that you are jointly and multiplely responsible for the accident. This is a great method to ensure you receive the most compensation for your injuries. Insurance company tactics Car accidents are stressful enough, but the aftermath can be even more challenging. Victims of injuries often must deal with medical bills and a loss of income as a result of being in a position of no work and suffer from physical pain and emotional stress. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. The last thing they want is to be sucked into the tactics of a stalling insurance company who is trying to get them to accept a settlement offer that is low. Insurance companies are in business to make money. They do this by denying or cutting your claims. Insurance companies will employ every method to deny you the compensation you are entitled to. This is why it's so important to hire a 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 lawyers will fight insurance companies and their shady tactics. Insurance companies will do everything in their power to delay your claim or stall negotiations to save as much money as possible. They also try 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 argue that you suffer from a previous medical issue that is responsible for the crash. In Kalamazoo injury attorneys , the insurance adjuster will offer a settlement that seems reasonable. This is a typical scam that a lot of people fall for. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for people to suffer injuries while driving another's vehicle or in their vehicle. The most frequent causes of accidents include reckless driving, distracted driving and speeding. Distracted driving happens when a driver is using a device while driving to send or receive text messages, 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 accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine who could be responsible for your injuries and damage. They can also bring a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that puts at risk the lives and safety of other motorists and pedestrians on bicycles. To convict someone of this crime, a police officer must demonstrate more than mere negligence or recklessness. This means that the officer must show that the driver was aware that their actions could cause an accident or put others at risk. In certain instances, even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance, running the red light or stopping sign could cause an accident that is serious and cause injury. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor and face a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this type of offense can lead to the addition of points to your driver's license, and hefty fines. This could result in driving's premiums rising significantly. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless-driving laws are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of the punishment depends on a number of factors such as the severity of the crash and whether there were any aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended. A reckless driving accident attorney who has experience will know how investigate the cause of an accident and gather evidence to show your innocence. This evidence could include witness statements as well as phone records to determine whether the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will file and defend lawsuits or insurance claims to ensure you receive the maximum amount of compensation for your injuries.