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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 fender benders, some can result in serious injuries. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal issues after an accident. They can assist in obtaining compensation for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical costs, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried due to expenses out of pocket It is crucial to understand exactly what it means and does not mean. To be eligible for No-Fault Insurance You must satisfy certain requirements. First and foremost, you must be injured in an accident in New York. You must be a driver, passenger or pedestrian of the insured vehicle. Peoria injury attorney who was injured must be treated in a hospital or by a licensed medical professional. Additionally you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these injuries are serious and could have a negative impact on the life of a victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you deserve. Following a serious car accident An attorney can assist 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 bring a lawsuit to court on your behalf against the driver who caused the accident. There is a chance that you will have to pay astronomical medical bills as well as lost wages and other expenses following a serious accident. These expenses are covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if it seems as if you're in good shape. If you are unable return to work, no-fault insurance will cover 80 percent of your lost wages 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 will often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must attend these appointments, as failing to do so could result in a retroactive denial of benefits. Purely comparative fault In a lot of car accident cases plaintiffs may be partially or fully responsible for the incident. The law allows injured parties the right to receive damages according to their percentage of the fault. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which caps the amount of fault an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a car accident case the plaintiff's legal liability for the accident is contingent upon demonstrating two things: negligence and causation. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. Causation refers to the way in which the negligence directly led to the injury. To prove legal responsibility the plaintiff must prove the economic damages caused by their injuries, for example, medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma, pain and suffering. New York is one of the states that have absolute comparative fault laws, which means that injured parties 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 will be barred from recovering any damages. In this instance, it's important to consult with a reputable attorney. Comparative fault is applicable to nearly every personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in wrongful death cases. It is essential to comprehend the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will assist you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and several liability could be used in the event of multiple defendants. This is a system that divides the judgment between all the defendants if the jury decides that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you receive the highest compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be more challenging. Injured victims often have to deal with medical expenses and loss of income from being in a position of no work in addition to their physical pain and emotional distress. Rent and other expenses are also a concern. The last thing they need is to be subjected the stalling tactics of an insurance company that is trying to get 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 do it by denying or reduction of claims. Insurance representatives will use any strategy to prevent you from obtaining the amount you deserve. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. To save money, insurance companies will do anything they can to delay or stall your claim. They may also attempt to evade responsibilities by arguing that your injuries aren't related to the crash or do not require treatment. They may even claim that the accident was caused by a previous medical condition. In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a classic scam that many people are enticed by. In reality, this offer will be much lower than what you actually need to pay for your medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to suffer injuries while driving another person's car or in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving is when a driver uses a device to send or receive text messages, makes phone calls or listens to music while driving. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries 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 analyzing the crash to determine all parties that may be accountable for your injuries and the damages. They can also file a lawsuit or claim against the driver in order to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists in danger. To convict a person of this crime the police officer must show more than just carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger. In certain instances even a minor traffic infraction could be viewed as a type of reckless driving in New York. Running a stop sign or red light can result in a serious accident. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and could face either a fine or jail sentence. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can result in the addition of points to your driver's license, and hefty fines. This could result in driver's premiums going up significantly. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of the punishment depends on a number of factors including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence. An experienced reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence that will prove your innocence. This could include witness statements as well as cell phone records to check for distracted driving, photos and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest compensation for your injuries.