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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 minor accidents. The injured parties should immediately contact 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal needs following the crash. They can help victims obtain compensation for medical expenses as well as lost income. No-fault Insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages and other accident-related costs. While this has helped to protect car accident victims from being buried by cost-out-of-pocket It is crucial to understand exactly what it is and what it does not mean. To qualify for No-Fault Insurance You must satisfy certain requirements. First of all you must be injured in a car accident that occurred in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by a certified provider. In addition you must have sustained a “serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. All of these injuries are severe and could have a negative impact on the life of a victim. A New York injury lawyer can assist you if been injured in a serious New York car accident. A lawyer can assist with the legal process in many ways after a serious car accident. They can help you understand your legal options, conduct an extensive investigation and bargain with the insurance company on your behalf. They can also initiate a court action on behalf of you against the driver who caused the accident. There is a chance that you will have to pay astronomical medical bills, lost wages, and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a collision, even if it feels as if you're in good shape. If you are unable return to work, no-fault will pay 80% of your lost wages up to $2,000 per month. It can also cover many of your out of pocket costs, such as the cost of household assistance. Insurance companies frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, because failure to attend could result in the denial of benefits retroactively. Pure faults of a comparative nature In a lot of car accident cases plaintiffs may be liable in part or full for the accident. The law grants injured parties to receive damages in proportion to their share of blame. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent. In a car accident the plaintiff must prove two things in order to be legally responsible for the crash that is, negligence and causality. Negligence is the violation of a law, or acting with unreasonable negligence. The causality is the way in which the negligence caused the injury. To establish legal liability, the plaintiff must also demonstrate the economic loss that result from their injuries such as medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states that have a strict comparative-fault law, which means that the injured party may still be able to claim compensation even if they are partially responsible. If the claimant is found more than 50 percent at fault, they are unable to claim damages. In this case, it's important to consult a knowledgeable attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault can be slightly more complicated in wrongful death claims. The concept of comparative blame is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will work with insurance companies to secure the maximum amount of compensation for your injuries. Joint and multiple liability may also apply if there are multiple defendants. This system divides the verdict among all defendants when a jury finds you jointly and severally liable for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be as stressful. Injured victims often have to deal with medical bills and a loss of income as a result of being incapable of working and suffer from emotional and physical pain. They also have to think about how they will pay rent and other expenses of daily living. They don't have to endure the stalling tactics used by an insurance company to convince them to take low settlement offers. Insurance companies are in business to make money. They do this by denying or cutting your claims. Insurance companies will employ any strategy to prevent you from getting the amount you are entitled to. It is crucial to employ an experienced New York car accident attorney 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 fight insurance companies and their devious tactics. Insurance companies will do all they can to delay your claim or slow the process to save as much as possible. They may also attempt to avoid responsibility by claiming that your injuries are not caused by the crash or they do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for the crash. In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a common method that a lot of people are enticed by. In reality, the price is significantly less than what you actually need to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to become injured while driving or riding in another person's vehicle. The most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using devices while driving to send or receive messages, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather. Reckless driving You may be entitled compensation if you have been injured in an accident caused by reckless driving. Largo injury lawyer driving accident lawyer can assist you investigate the crash to identify all parties who may be accountable for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists at risk. To convict someone the police officer must prove more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger. In some instances even a minor traffic violation can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light could result in serious accidents. If the driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense and face a fine or jail time. Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their license and could be subject to large fines. This could cause drivers' insurance rates to rise significantly. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is held accountable on a fair basis. The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and jail time. The severity of a penalty depends on a variety of variables, such as the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer knows how to investigate the causes of a crash and gather evidence to show your innocence. This could include witness statements and phone records to determine whether the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and defend insurance claims or lawsuits to ensure you receive the maximum compensation for your injuries.