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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 frequent. While the majority of them are simply collisions between cars, some may cause serious injuries. The injured party should call 911 and seek medical attention right away. A New York car accident attorney can help victims with their legal issues after an accident. They can help victims obtain compensation for medical expenses as well as lost income. 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 expenses, lost wages, and other related expenses. This system has protected car accident victims against having to pay out-of-pocket expenses. However it is essential to know what it means. To qualify for No-Fault Insurance, you must meet a few criteria. First and foremost, you must have been injured in an accident that occurred in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The injured party must also be treated in an accredited hospital or provider. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. These are all extremely severe injuries, and could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a major New York car accident. A lawyer can help you with the legal process in many ways after a serious car accident. They can provide you with legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They may also bring a lawsuit to court on your behalf against the negligent driver responsible for the crash. In the aftermath of a serious crash you could face huge medical bills, lost wages, and other expenses. No-fault insurance will help with these costs as well, and you should seek treatment following an accident, even though you feel fine. If you are unable to return to work because of 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 expenses, like the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. You must attend these appointments, because failing to do so could result in an appeal to the benefits. Purely comparative fault In many cases of car accidents plaintiffs may be held to be fully or partially responsible for the accident. The law allows injured parties to receive damages in proportion to their share of the fault. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault which limits the amount of fault that a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent. In a car accident case the plaintiff's legal liability for the accident rests on proving two things that are causation and negligence. Negligence is the act of breaking a law or committing an act with unreasonable carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility the plaintiff must show the economic losses caused by their injuries, for example, medical bills, lost income and travel expenses for appointments. Other 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 those who are injured can still seek compensation if they were partially at fault. However, if the claimant is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this situation it is crucial to work with a knowledgeable attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complex in the case of wrongful death. It is essential to comprehend the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will work with insurance companies to secure the maximum compensation for your injuries. Joint and several liability could also be a possibility if there are multiple defendants. This system divides the verdict among all defendants in the event that a jury finds you jointly and severally 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 Car accidents are stressful enough, and the aftermath can be even more challenging. Injured victims often have to deal with medical expenses and loss of income from being unable to work in addition to their emotional and physical pain. Rent and other expenses are also a problem. The last thing they need is to be sucked into the tactics of an insurance company that is trying to get them to accept a settlement offer that is low. The fact is, most insurance companies are focused on making money, and they do it by denying or reduction of claims. Insurance companies will employ every method to deny you the money you are entitled to. This is why it's crucial to find an New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will fight insurance companies' sneaky tactics. To save money, insurance companies will do everything they can to delay or derail your claim. They also try to avoid responsibility by claiming that your injuries are not caused by the crash or that they don't require treatment. They may even claim that the crash was caused by a previous medical condition. In certain cases, an insurance adjuster will come up with a settlement amount that seems reasonable. This is a typical scam that a lot of people are enticed by. In reality, the price will be much lower than what you really need to pay for your medical treatment and other damages. New York law requires that all drivers have no-fault insurance. However, it is common for people to be injured when driving or riding in a person's vehicle. The most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses a device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes include drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine who could be responsible for your injuries and damage. They may also file a claim or lawsuit against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To convict someone, a policeman must show more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could result in a serious accident. If Arlington injury lawsuit is found to be recklessly driving, they could be found guilty of a misdemeanor and face either a fine or jail sentence. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their license and could face large fines. This can result in a driver's premiums going up substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis. The laws regarding reckless driving in New York are very strict and can result in severe penalties, including fines and jail time. The severity of a penalty is contingent on a variety of factors like the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. An experienced reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence to prove your innocence. This evidence might include witness statements and phone records to look for distracted driving, photos and videos from the scene of the accident and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.