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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. The injured party should call 911 and seek medical attention immediately. A New York car accident lawyer can assist victims with their legal issues following the crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical expenses, lost wages, and other related expenses. While this has helped to protect car accident victims from being buried by out-of-pocket costs It is crucial to know what it does and does not mean. In order to qualify for the benefits of No-Fault insurance, you must meet certain requirements. In the first place, you must be injured in a car accident that occurred within the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by a certified provider. Additionally, you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these injuries are serious and could have a negative impact on the victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. 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, conduct an extensive investigation, and negotiate with your insurance company. They can also file a lawsuit in court on behalf of you against the driver responsible for the crash. There is a chance that you will have to pay astronomical medical costs along with loss of wages, and other costs after a serious auto accident. No-fault insurance can pay for these and other expenses, so you should seek treatment following a crash, even if you feel okay. If you are unable return to work, no fault will pay for 80 percent of your wages lost up to $2,000 per month. It also covers a number 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. You must be present at these appointments, because failing to do so could result in an appeal to the benefits. Pure comparative fault In a majority of car accident lawsuits, the plaintiffs are partly or totally responsible for the accident. The law allows the injured party to claim damages in proportion to the proportion of blame that can be attributable to them. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which caps the amount of fault that the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a case involving a car accident the plaintiff's legal liability for the crash depends on proving two things such as negligence and causation. Negligence refers to breaking the law or acting in reckless disregard. The causality is the manner that the negligence led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states that have absolute comparative fault laws, which means that the injured party may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this situation, it is important to work with an experienced attorney. Comparative fault can be applied to any personal injury or wrongful death situation where the victim (or the heirs) have suffered mental or physical damages. However, the concept of comparative fault is a bit more complicated in wrongful death claims. The principle of comparative fault is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum amount of compensation for your injuries. Joint and several liability can be used in the event of several defendants. This is a method which splits the verdict among all defendants if the jury finds that you are jointly and multiplely responsible for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, but the aftermath can be more difficult. The injured victims are often faced with medical bills, loss of income due to not being able to work, and physical discomfort. Rent and other expenses are also a major concern. Mount Pleasant injury attorneys You Tube want is to be subjected to the tactics of a stalling insurance company trying to get them accept a low settlement offer. The fact is, most insurance companies are focused on making money and they do it by denying or reducing claims. Insurance agents will use every tactic possible to deny you the money you are entitled to. This is why it is so important to hire an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our attorneys will stand up to insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or stop the negotiations in order to save as much money as possible. They will also try to avoid responsibility by claiming that your injuries are not caused by the crash or that they don't require treatment. They might even claim that you suffer from a previous medical issue that is responsible for the crash. In some cases an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a common trick that many people fall for. This offer is lower than the amount you need to pay in order to cover medical expenses and other damage. New York law requires that all drivers carry no-fault coverage. It is not uncommon for people to be injured while driving another person's car or riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving happens when a driver is using devices while driving to send or receive texts 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 accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine all parties that could be accountable for your injuries and damages. They may also file a lawsuit or claim against the driver in order to claim damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To convict someone, a policeman must show more than mere negligence or recklessness. This means that the officer must prove that the driver knew their actions could cause an accident or put others at risk. Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light could result in serious accidents. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor offense and face either a fine or jail sentence. Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this type of offense can lead to the addition of points to your license as well as hefty fines. This could cause drivers' insurance rates to rise substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are quite strict and can lead to substantial penalties which include fines and even imprisonment. 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 the suspension of a driver's license. A reckless driving accident lawyer with experience will be able to determine the root of the accident and gather evidence to show your innocence. The evidence could include witness statements, phone records to check 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 lawsuits or insurance claims to secure the highest compensation for your injuries.