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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. The injured party must immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with legal issues following a crash. 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 all drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages and other related costs to an accident. While this has helped to protect car accident victims from being buried due to out-of-pocket costs, it is important to understand exactly what it does and does not mean. To qualify for No-Fault Insurance you must satisfy some requirements. First and foremost you must be injured in a car accident that took place in the state of New York. You must also be a driver, passenger in the insured vehicle or a cyclist or pedestrian struck by the vehicle. The injured person must be treated in a hospital or an authorized provider. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries that could have a significant 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 help you get the compensation that you deserve. A lawyer can assist with the legal process in many ways following a serious car accident. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident. There is a chance that you will have to pay for astronomical medical expenses, loss of wages, and other costs after a serious auto accident. No-fault insurance can help with these costs and other expenses, so you should seek treatment following a crash, even if you feel okay. If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It also covers a large portion of your out-of-pocket expenses, including the cost of household assistance. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as failing to attend could result in denial of benefits retroactively. Pure faults of a comparative nature In a majority of car accident lawsuits, the plaintiffs are either completely or partially responsible for the accident. The law allows injured parties the right to receive damages based on their percentage of fault. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault that an individual claimant is deemed to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a case involving a car accident the plaintiff's legal liability for the accident is contingent upon proving two things that are causation and negligence. Negligence is the act of breaking the law or acting with reckless carelessness. The causality is the manner the negligence caused the injury. To prove legal responsibility the plaintiff must demonstrate the economic loss caused by their injuries, like medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that those who have suffered are still able to seek compensation even when they are at the fault. However, if the person seeking compensation is found to be more than 50% at fault, they are barred from recovering any damages. In this situation, it is important to work with an experienced attorney. Comparative fault can be applied to almost every personal injury or death case in which a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault can be a bit more complicated in wrongful death claims. It is essential to comprehend the principle of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will collaborate with insurance companies to get you the most compensation for your injuries. In addition, if have multiple defendants in your case the concept of joint and several liability may apply. This is a system that splits the judgment amongst all defendants in the event that the jury decides that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the highest compensation for your injuries. Insurance company tactics The aftermath of a car crash can be equally stressful. The victims of injuries typically have to deal with medical bills as well as a loss of income due to being incapable of working in addition to their emotional and physical pain. They also have to worry about how they will pay rent and other daily expenses. They don't need to be subjected the strategies of stalling employed by insurance companies to try and get them to take low settlement offers. The reality is that most insurance companies are in the business of making money and they do it by denying or cutting claims. Medford injury lawsuits will employ every tactic they can to prevent you from receiving the amount you are entitled to. This is why it is essential to work with a New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' sly strategies. Insurance companies will do all they can to delay your claim or slow negotiations to save as much money as possible. They also try to keep the blame off by claiming that the injuries aren't directly related to the crash or do not require treatment. They might even claim that you suffer from a previous medical issue that is responsible for your crash. In some cases an insurance adjuster may arrive at a settlement amount that seems reasonable. This is a classic scam that many people fall for. In reality, this offer will be much lower than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to suffer injuries when driving a vehicle of another or riding in their vehicle. Some of the most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving is when a driver uses an electronic device to send or receive text messages, make phone calls, or listens to music driving. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving If you've been injured in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in investigating the crash to determine who may be responsible for your injuries and the damages. They may also initiate a lawsuit or claim against the driver to claim 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 people on foot or on bicycles. To convict someone the police officer must prove more than just negligence or carelessness. This means that the officer must prove that the driver was aware that their actions could cause an accident or put others in danger. In some cases, even a minor traffic violation can be considered a form of reckless driving in New York. For instance driving at an intersection with a stop sign could cause serious injuries and accidents. If a driver is found driving recklessly, they could be found guilty of misdemeanor charges and could face penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this crime can result in the addition of points to your driver's license, as well as substantial fines. This can result in a driver's premiums going up significantly. It's important to hire a New York reckless driving accident attorney who will ensure the driver is found guilty on a fair basis. The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and prison. The severity of a penalty is contingent on a variety of factors like the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. An experienced reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will show your innocence. The evidence could include witness statements as well as cell phone records to check for distracted driving, images and videos of the scene of the crash as well as 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.