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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. Although the majority of them are simply collisions between cars, some may cause serious injuries. The injured party should immediately call 911 and seek medical attention. A New York car accident attorney can help victims with their legal issues after the crash. They can help victims get compensation for medical bills and lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered by their automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. This system has safeguarded car accident victims against being weighed down by out-of-pocket expenses. However it is crucial that you understand what it means. To qualify for No-Fault Insurance you must satisfy a few criteria. First and foremost you must be injured in a vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The person injured must be treated at an accredited hospital or provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely serious injuries that could have a significant negative impact on the person's life. A New York injury lawyer can help you if you have been injured in a serious New York car accident. In the aftermath of a serious auto crash An attorney can assist you in a variety of ways. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They may also make a court-filed lawsuit on behalf of you against the driver responsible for the crash. You could be required to pay astronomical medical costs, lost wages and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek medical attention immediately following a collision even if you feel as if you're in good shape. 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 can also cover many of your out-of-pocket costs, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. The requirement to attend is that failing to attend could result in retroactive denials of benefits. Pure comparative fault In many car accident cases plaintiffs may be liable in part or full for the accident. The law permits injured parties to recover damages in proportion to the percentage of fault that can be given to them. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault the claimant could be considered to have to make them ineligible for financial compensation. Modified comparative fault states typically 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 that is, negligence and causality. Negligence is the violation of the law or committing a breach of the law with reckless negligence. Lakewood injury lawyers is the manner in which the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, including 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 strict comparative fault laws which means that the injured party can still seek recovery if they are partially at the fault. However, if the claimant is found to be more than 50% at fault, they will be exempt from any claim for damages. In this situation it is crucial to work with a skilled attorney. Comparative fault applies to almost every personal injury or death case where a victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complex in cases of wrongful deaths. The concept of comparative blame is crucial to know when making claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Joint and several liability could also apply if there are several defendants. This is a system that divides the judgment between all defendants in the event that 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 amount of compensation for your injuries. Tactics of the Insurance Company The aftermath of a car crash can be as stressful. The victims of injuries typically have to deal with medical bills and a loss of income as a result of being unable to work in addition to their physical pain and emotional distress. Rent and other costs of daily living are also a major concern. The last thing they want is to be subjected the stalling tactics of an insurance company who is trying to convince them to accept a low settlement offer. The fact is, most insurance companies are in the business of making money, and they do this by denying or reduction of claims. Insurance agents will employ every strategy to prevent you from obtaining the amount you deserve. This is why it's essential to work with an 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 take on insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or slow negotiations to save as much as possible. They may also attempt to evade responsibilities by arguing that your injuries are not caused by the crash or they do not require treatment. They may even argue that you had a prior medical issue that is responsible for the crash. In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a classic scam that many people are enticed by. In reality, the price is significantly less than the amount you will actually have to pay for your medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is not uncommon for people to be injured while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver is using devices while driving to send or receive text messages or 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 If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine who might be responsible 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 poses a threat to the lives and safety of other motorists and pedestrians on bicycles. In order to convict someone of this crime an officer of the police force must show more than just negligence or carelessness. This means that the officer must show that the driver was aware of their actions were likely to cause an accident or put others in danger. In some cases, even a minor traffic violation could be viewed as a type of reckless driving in New York. A violation of a stop sign, or a red light can result in serious accidents. If an individual driver is found be recklessly driving, they could be found guilty of a misdemeanor offense and be subject to a fine or jail time. Incorrect driving can cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this type of offense can lead to the addition of points to your license, as well as substantial fines. This could result in driving's premiums rising significantly. It's important to hire a New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner. New York's reckless driving laws are extremely strict and could result in severe penalties which include fines and even imprisonment. The severity of a penalty depends on a number of factors like the severity of an accident and if there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A reckless driving accident attorney who is experienced will be able to determine the causes of an accident and gather evidence to demonstrate your innocence. This evidence might include witness statements and phone records to look for distracted driving, images and videos from the scene of the accident and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.