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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. While most of them are simply collisions between cars, some may cause serious injuries. The injured parties should immediately call 911 and seek medical attention. A New York car accident attorney can help victims with their legal issues after an accident. They can help victims get compensation for medical bills and lost income. No-fault insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical expenses, lost wages, and other related expenses. While this has helped to protect car accident victims from being buried by cost-out-of-pocket, it is important to know what it means and does not mean. To be eligible for No-Fault Insurance you must satisfy a few criteria. In the first place, you must be injured in a motor vehicle accident that took place in the state of New York. You must also be a driver or passenger in the insured vehicle or a cyclist or pedestrian hit by the vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. Additionally, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries that can have a profoundly negative impact on the life of the victim. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you're due. After a serious auto accident A lawyer can help you in a variety of ways. They can explain your legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They can also file a court case on your behalf against the driver who caused the accident. You may have to pay astronomical medical bills as well as lost wages and other expenses following a serious car accident. No-fault insurance is able to cover these costs, and you should always seek treatment following an accident, even if you feel fine. If you're unable to return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It will also cover an important portion of your out-of-pocket costs which includes the cost of household assistance. Insurance companies frequently try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination 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 either completely or partially accountable for the crash. The law permits the injured party to claim damages based on the percentage of fault that can be assigned to them. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault which caps the amount of fault that the claimant could be considered to have to disqualify them from 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 accountable for the crash the other being negligence and causality. Negligence is the violation of a law, or acting with unreasonable negligence. Causation refers to the way in which the negligence directly contributed to the injury. To prove legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. Other non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states with pure comparative fault laws, which means that the injured party can still seek recovery if they are partially at the fault. If the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this situation it is crucial to work with an experienced attorney. Comparative fault applies to almost any personal injury or wrongful death case where the victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complicated in the case of wrongful death. The concept of comparative fault is very important to understand when making an action for compensation following an accident in New York. Your lawyer will collaborate with the insurance companies to secure the maximum compensation for your injuries. Joint and multiple liability may also apply if there are several defendants. This is a method which splits the verdict among all defendants if the jury decides that you are jointly and multiplely responsible for the accident. This is a great method to ensure you receive the maximum amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be equally stressful. Injured victims are often faced with medical bills, loss of income due to not being able to work or suffer physical discomfort. Rent and other costs of daily living are also a problem. They don't have to endure the stalling tactics used by insurance companies to try and get them to take low settlement offers. Insurance companies exist to make money. They accomplish this by denial or reducing your claims. Insurance representatives will use any strategy to prevent you from obtaining the compensation you deserve. This is why it is essential to work with 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 car accident victims. Our attorneys will stand up to insurance companies and their sneaky tactics. In order to save money, insurance companies will do whatever they can to delay or derail your claim. They may also attempt to avoid responsibility by claiming that your injuries aren't directly related to the crash, or they do not require treatment. They may even argue that you have a prior medical condition that is the reason for the crash. In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a trick that many people fall prey to. In reality, the price will be significantly lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. Somerville injury lawyer is not uncommon for drivers to suffer injuries when driving a vehicle of another or in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. 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 examine the crash to determine all parties that could be accountable for your injuries and losses. They may also file a claim or lawsuit against the driver to recover your 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 at risk. To find someone guilty the police officer has to prove more than just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or put others in danger. In certain instances even a minor traffic offense could be viewed as a type of reckless driving in New York. Running a stop sign or red light could result in an accident that is serious. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face fines or even jail time. Unsuspecting driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this offense can lead to the addition of points to your driver's license, as well as hefty fines. This could cause drivers' insurance rates to go up substantially. It is essential to find an New York reckless driving accident attorney to ensure that the driver is convicted fairly. New York's reckless-driving laws are very strict and can result in severe penalties, including fines and imprisonment. The severity of the punishment depends on a number of factors such as the severity of the accident and whether or not there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence. An attorney for reckless driving with experience can determine the root of the accident and gather evidence to prove your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.