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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. While most of them are collisions between cars, some may result in serious injuries. The injured party should immediately contact 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal requirements after an accident. They can help victims get 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 costs related to accidents. This has helped protect car accident victims against being burdened with out-of pocket expenses. However, it is important to know what it means. To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. You must first and foremost have been injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. Santa Fe injury lawyer You Tube injured party also must be treated in a hospital or by an authorized medical professional. Additionally you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. All of these injuries are serious and can have a negative impact on a victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. In the aftermath of a serious auto crash A lawyer can help you in a number 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 bring a lawsuit to court on behalf of you against the 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. No-fault insurance will help with these costs, and you should always seek treatment following a crash, even if you feel fine. If you are unable to return work due to an injury, no-fault insurance will cover up to $2,000 of lost wages 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 scheduling 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. Pure faults of a comparative nature In a lot of car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law grants injured parties the right to be compensated according to their percentage of fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be considered to have to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent. In a car accident the plaintiff must prove two things to be legally accountable for the crash: negligence and causality. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. The causality is the way that the negligence led to the injury. To establish legal liability, the plaintiff must also show the economic losses resulted from their injuries, for example, medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states with absolute comparative fault laws, which means that injured parties are still able to seek compensation even in the event that they are partly at fault. However, if the person seeking compensation is found to be more than 50% at the fault, they will be exempt from any claim for damages. In this case, it is important to consult with a seasoned attorney. Comparative fault can be applied to almost any personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in cases of wrongful deaths. The concept of comparative fault is essential to be aware of when making claims for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and multiple liability may be used in the event of several defendants. This is a system that divides the judgment between all the defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be just as stressful. Injured victims are often faced with medical bills, loss of income due to being unable to go to work and physical discomfort. They also have to think about whether they can cover rent and other expenses of daily living. The last thing they need is to be subjected the tactics of a stalling insurance company that is trying to get them to accept a low settlement offer. The reality is that most insurance companies are in the business of making money and do it by denying or reducing claims. Insurance agents will use every trick to deny you the money you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will take on insurance companies' sly strategies. To save money, insurance companies will do anything they can to delay or derail your claim. They also try to avoid accountability by arguing that your injuries aren't caused by the crash or they do not require treatment. They might even claim that you suffer from a previous medical condition that is the reason for your crash. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a trick that many people fall to. In reality, this offer will be significantly lower than what you actually need to pay for your medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. However, it is common for people to become injured while driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving happens when a driver is using an electronic device while driving to send or receive messages or 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 crashes include drunk driving, road conditions and weather conditions. Reckless driving You could 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 accident to determine the parties that may be responsible for your injuries and damage. They may also file a claim or lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as operating a vehicle in a manner that poses a threat to the lives and safety of other drivers and pedestrians on bicycles. To convict someone of this crime the police officer must show 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 certain instances, even a minor traffic violation can be considered a form of reckless driving in New York. For instance driving through the red light or stopping sign could lead to a serious accident and injury. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and could face penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to pedestrians, bicyclists, and motorists. Anyone who is found guilty of this crime will be subject to points added to their license and could face large fines. This could cause drivers' insurance rates to go up significantly. It's important to hire an New York reckless driving accident attorney to ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are quite strict and can result in severe penalties that include fines and jail time. The severity of the penalty is contingent on a variety of factors, including the severity of the accident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended. A seasoned reckless accident lawyer will know how to determine the cause of a collision and gather evidence to demonstrate your innocence. This could include witness statements as well as phone records to determine if 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 lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.