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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. Some of these accidents can cause serious injuries even if they're just minor collisions. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal issues following the crash. They can help them obtain compensation for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other related expenses. While this has helped to protect car accident victims from being buried due to out-of-pocket costs It is crucial to know exactly what it is and what it does not mean. To be eligible for No-Fault Insurance you must satisfy a few criteria. You must first and foremost be injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party must also be treated in an accredited hospital or provider. You must also have suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. All of these are serious and could have a negative impact on the 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. A lawyer can assist with the legal process in a variety of ways following a serious auto accident. They can assist you in understanding 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 driver who caused the crash. You may have to pay for astronomical medical expenses as well as lost wages, and other expenses after a serious auto accident. No-fault insurance will help with these costs, and you should always seek treatment following a crash, even if you feel okay. If you are unable to return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It will also cover the majority of your out-of-pocket costs, including the cost of household help. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. It is mandatory to attend, since failure to do so may result in retroactive denials of benefits. Pure faults that are comparable In a majority of car accident lawsuits, plaintiffs are partly or totally accountable for the crash. The law gives injured parties to be compensated according to their percentage of fault. This is known as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a person could be considered to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states generally place the limit between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the crash that is, negligence and causality. Negligence refers to breaking a law or committing an act with reckless carelessness. The causality is the manner the negligence caused the injury. To establish legal liability, the plaintiff must also prove the economic damages caused by their injuries, such as medical bills, lost income and travel expenses to appointments. Non-economic losses can include emotional trauma, suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that injured parties can still seek recovery if they are partially at the fault. However, if the person seeking compensation is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this instance it is essential to work with a skilled attorney. Comparative fault is applicable to any personal injury or wrongful death instance where the victim (or the heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in wrongful death cases. The concept of comparative blame is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will collaborate with the insurance companies to get you the most compensation for your injuries. Joint and multiple liability may also apply if there are several defendants. This system divides the verdict among all defendants if the jury finds you jointly and severally responsible for the accident. San Antonio is a great method to ensure that you receive the most compensation for your injuries. Tactics of the Insurance Company The aftermath of a car crash can be just as stressful. Injured victims are often faced with medical bills, lost income due to not being able to work or suffer physical pain. Rent and other expenses are also a concern. The last thing they need is to be sucked into the tactics of an insurance company trying to get them accept a settlement offer that is low. The fact is, most insurance companies are focused on making money and do it by denying or reducing claims. Insurance representatives will use any tactic they can to prevent you from obtaining the amount you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their shady tactics. In order to save money, insurance companies will do whatever they can to delay or derail your claim. They will also try and avoid responsibility by arguing that the injuries aren't related to the accident or that they do not require treatment. They may even argue that you had a prior medical condition that is the reason for your crash. In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a common trick that many people fall prey to. In reality, this offer will be significantly lower than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to become injured when driving or riding in another's vehicle. Some of the most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving happens when a driver is using an electronic device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine who may be responsible for your injuries and damage. They can also bring a lawsuit or claim against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or pedestrians and cyclists in danger. To convict a person of this crime the police officer must show more than just negligence or carelessness. This means that the police officer must prove that the driver knew their actions could cause an accident or put others at risk. In certain instances, even a minor traffic violation can be considered a form of reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If an individual driver is found be driving recklessly, they may be convicted of a misdemeanor offense and face either a fine or jail sentence. Incorrect driving can cause serious injuries to pedestrians, drivers, and bicyclists. If convicted of this crime will be subject to points added to their license and could be subject to massive fines. This could cause driver's insurance rates to increase significantly. It is crucial to employ 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 very strict and can result in significant penalties, including fines and prison. The severity of the penalty depends on a variety of factors such as the severity of the crash and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license. An attorney for reckless driving with experience will be able to determine the cause of an accident and gather evidence to show your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, images and videos of the scene of the crash, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.