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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular incident in New York City. Some of these accidents can cause serious injuries even if they're just minor collisions. The injured parties should immediately call 911 and seek medical attention. A New York car accident lawyer can help victims with their legal needs 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 an insurance no-fault state. This means that drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical costs, lost wages and other costs related to accidents. This system has protected car accident victims against being weighed down by out-of-pocket costs. However it is crucial that you understand what it means. In order to qualify for the benefits of No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist struck by the vehicle. The injured party must also be treated in a hospital or an authorized provider. Additionally you must have sustained an “serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. All of these are serious and can have a negative impact on a victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve. A lawyer can assist you with the legal process in numerous 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 make a court-filed lawsuit on your behalf 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. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a collision, even if it feels like you're fine. 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, such as the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. It is mandatory to attend, since the absence of this could result in denial of benefits retroactively. Pure comparative fault In many car accident lawsuits, the plaintiffs are partly or totally accountable for the crash. The law permits injured parties to recover damages based on the proportion of the blame that is attributable to them. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount that a claimant could be considered to have to prevent them from receiving financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent. In a car accident, the plaintiff must prove two things to be legally responsible for the accident that is, negligence and causality. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. The causality is the way the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma, suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that injured parties could still be able to seek compensation if they were partially responsible. 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 essential to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful death case in which the victim (or heirs) have suffered mental or physical damages. However the concept of comparative fault can be slightly more complicated in wrongful death cases. New Bedford injury lawyers of comparative fault is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will work with the insurance companies to secure the most compensation for your injuries. In addition, if have several defendants in your case, the concept of joint and several liability may apply. This is a method which splits the verdict among all defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries. Insurance company tactics Car accidents can be stressful enough, and the aftermath can be even more challenging. The victims of injuries typically confront medical expenses and loss of income as a result of being unable to work and suffer from physical pain and emotional distress. They also have to think about whether they can cover rent and other daily expenses. The last thing they want is to be subjected the tactics of an insurance company that is trying to convince them to accept a settlement offer that is low. The truth is that the majority of insurance companies are in the business of making money, and they do this by denying or reducing claims. Insurance representatives will use any tactic they can to prevent you from obtaining the amount you deserve. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. 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 stall your claim. They will also try to evade responsibilities by arguing that your injuries are not caused by the crash or they do not require treatment. They might even claim that the accident was caused by a previous medical condition. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a typical method that a lot of people are enticed by. The offer is significantly less than the amount you must pay to cover your medical expenses and other damage. New York law requires that every driver have no-fault insurance. However, it is common for people to be injured while driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving happens when a driver uses a device to send or receive text messages, make phone calls, or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine who may be accountable for your injuries and damages. They may also initiate a lawsuit or claim against the driver in order to claim damages. The New York criminal code defines reckless driving as the act of operating the vehicle in a way that poses a threat to the lives and safety of others on the road and people on foot or on bicycles. To find someone guilty the police officer must prove more than mere negligence or carelessness. This means that the officer must show that the driver was aware of their actions were likely to cause an accident or put others at risk. In some cases, even a minor traffic offense can be considered a form of reckless driving in New York. For instance, running the red light or stopping sign could result in serious injuries and accidents. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and could face fines or even jail time. Unsuspecting driving can cause serious injuries to pedestrians, other drivers and bicyclists. Those who are convicted of this offense will receive points added to their license and could face large fines. This can result in a driver's premiums going up significantly. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner. New York's reckless driving laws are very strict and could lead to substantial penalties which include fines and even imprisonment. The severity of the punishment depends on a variety of factors such as the severity of the incident and whether or not there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer knows how to determine the causes of a crash and gather evidence that will prove your innocence. The evidence could include witness statements, phone records to look for distracted driving, images and videos of the scene of the accident and official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest amount of compensation for your injuries.