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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 a common occurrence. While most of them are simply accidents that cause fender benders, a few can result in serious injuries. The injured parties should immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal needs after an accident. They can help victims get compensation for medical expenses and 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 personal automobile insurance policies for medical, lost wages, and other accident-related expenses. While this system has protected car accident victims from being buried due to expenses out of pocket but it is essential to understand exactly what it does and does not mean. In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. First of all you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated at a hospital or an authorized provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries that can have a devastating negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due. A lawyer can assist you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, conduct a thorough investigation and negotiate with the insurance company on your behalf. They can also bring a lawsuit to court on behalf of you against the driver responsible for the crash. You may have to pay for astronomical medical expenses, lost wages and other expenses after a serious auto accident. These expenses are paid for by no-fault insurance and you should seek medical attention immediately after a car accident, even if it feels as if you're in good shape. If you are unable to return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It will also cover the majority of your out-of-pocket costs which includes the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. You must show up for these appointments, since not attending could result in an appeal to the benefits. Purely comparative fault In many cases of car accidents, the plaintiffs may be partially or fully responsible for the accident. The law permits the injured party to claim damages according to the proportion of the blame that is given to them. This is called pure comparative negligence. 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 typically place the bar between 49 to 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally accountable for the crash that is, negligence and causality. Negligence is the act of breaking the law or acting with unreasonable negligence. The cause of the accident is determined by the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also demonstrate economic losses, such as medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses are emotional trauma, suffering and pain. New York is one of the 13 states with pure comparative fault laws, which means that those who have suffered are still able to seek compensation even when they are at fault. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this instance it is crucial to work with a knowledgeable attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered emotional or physical damages. However the concept of comparative fault can be somewhat more complex in wrongful death claims. The concept of comparative fault is crucial to know when filing an action for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to get you the maximum compensation for your injuries. Joint and multiple liability may also be a possibility if there are several defendants. The system splits the verdict between all defendants in the event that the jury finds you jointly and severally responsible for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries. Strategies of insurance companies The aftermath of a car accident can be equally stressful. Injured victims often have to deal with medical bills and a loss of income due to being unable to work in addition to their physical pain and emotional stress. They also have to worry about whether they can afford rent and other daily expenses. They don't have to endure the delay tactics employed by an insurance company to try and get them to accept low settlement offers. Insurance companies are in business to make money. They accomplish this by denial or reducing your claims. Insurance representatives will use any method to stop you from receiving the amount you are entitled to. It is crucial to employ an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies and their shady tactics. Insurance companies will do everything they can to delay your claim or stop the negotiations in order to save as much money as possible. They also try to avoid accountability by arguing that your injuries are not directly related to the crash, or they do not require treatment. They may even claim that your crash was caused by a previous medical condition. In certain cases an insurance adjuster might come up with an amount for settlement that seems reasonable. This is a typical scam that a lot of people are enticed by. This offer is much lower than the amount you'll need to pay in order to cover your medical expenses and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. It is not unusual for people to be injured while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving happens when a driver is using devices to send or receive text messages, make phone calls or listens to music while behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions. Reckless driving You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you investigate the crash to identify the parties liable for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that puts at risk the lives and safety of other motorists and people on foot or on bicycles. To convict someone the police officer must prove more than mere negligence or carelessness. Springfield injury attorneys must prove that the driver was aware that their actions could have caused an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. Driving through a stop sign or red light can result in an accident that is serious. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or even jail time. Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will have points added to their license and could face massive fines. This could lead to a driving's premiums rising substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. The reckless driving laws in New York are extremely strict and could result in severe penalties that include fines and jail time. The severity of a penalty depends on a variety of factors, such as the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. An experienced reckless accident lawyer will know how to find out the cause of a collision and gather evidence that will demonstrate your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, images and videos from the scene of the accident as well as official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you the most compensation for your injuries.