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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. Some of these accidents can cause serious injuries even if they're minor accidents. The injured parties should immediately call 911 and seek medical attention. A New York car accident lawyer can help victims with their legal requirements after the crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. 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 by their insurance policies for automobiles. This includes medical expenses, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried due to expenses out of pocket, it is important to understand exactly what it means and does not mean. To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost, you must have been injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person injured must be treated at a hospital or an authorized provider. Additionally you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries, and can have a profoundly negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. Following a serious car accident A lawyer can help you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the accident. After a serious car accident you could face massive medical bills, lost wages, and other expenses. No-fault insurance will cover these costs, and you should always seek treatment after an accident, even if you feel okay. If you are unable to return to work, no fault will cover 80% of your lost wages up to $2,000 per month. It will also cover a lot of your out of pocket costs, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. It is mandatory to attend, since the absence of this could result in denial of benefits retroactively. Pure comparative fault In a lot of car accident cases the plaintiffs could be partially or fully responsible for the incident. The law gives injured parties to receive damages based on their percentage of blame. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a claimant may be deemed to have to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident rests on proving two things that are causation and negligence. Negligence refers to breaking the law or acting with reckless carelessness. The cause of the accident is determined by the manner in which the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states that have a strict comparative fault law, which means that injured parties could still be able to claim compensation even if they were partially at fault. If the claimant is found more than 50 percent at fault, they are unable to claim damages. In this situation it is essential to consult a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful-death case in which the victim (or their heirs) have suffered mental or physical damages. The concept of comparative blame is more complicated in the case of wrongful death. The principle of comparative fault is crucial to know when making an action for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to get you the maximum compensation for your injuries. Joint and several liability could also be a possibility if there are several defendants. The system splits the verdict among all defendants in the event that a jury finds you jointly and severally responsible for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries are often confronted with medical bills, lost income due to not being able to work, and physical discomfort. They also have to think about how they will pay rent and other expenses that are part of their daily lives. They don't have to be subjected to the delay tactics employed by an insurance company to try and get them to accept lower settlement offers. Insurance companies exist to make money. They accomplish this by denial or reduce your claims. Insurance representatives will use any strategy to prevent you from obtaining the compensation you are entitled to. click for source is why it is crucial to find a New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies and their devious tactics. Insurance companies will do everything they can to delay your claim or stop the process to save as much money as possible. They also try to avoid liability by arguing that the injuries aren't directly related to the crash or do not require treatment. They might even claim that you have a prior medical issue that is responsible for the crash. In certain cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a common trick that many people are enticed by. In reality, this offer is significantly less than what you really need to pay for your medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to suffer injuries while driving another person's car or in their own vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving is when a driver is using an electronic device to send or receive text messages, make phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather. Reckless driving You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify the parties liable for your injuries and losses. They can also bring a lawsuit or claim 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 motorists or cyclists, pedestrians, and cyclists at risk. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or place others in danger. In certain instances even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance driving through a red light or stop sign could result in serious injuries and accidents. If a driver is found to be driving recklessly, they may be convicted of a misdemeanor crime and could face either a fine or jail sentence. Incorrect driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this offense can result in the addition of points to your license, and hefty fines. This could lead to a driving's premiums rising substantially. It is crucial to employ an New York reckless driving accident attorney who will ensure the driver is held accountable on a fair basis. New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and jail time. The severity of the penalty is contingent on several factors including the severity of the accident and whether there were any aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended. An experienced reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence that will show your innocence. This evidence might include witness statements and cell phone records to check for distracted driving, photos and videos of the scene of the crash, official medical reports, and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest amount of compensation for your injuries.