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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 accidents that cause fender benders, a few can cause serious injuries. The injured party should call 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal issues following a crash. They can help victims obtain compensation for medical expenses and lost income. No-fault insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. You Tube includes medical costs, lost wages and other costs related to accidents. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket costs. However it is crucial to know what it means. In order to qualify to benefit from No-Fault insurance, you must meet certain criteria. First and foremost, you must be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured person must be treated in a hospital or an authorized provider. Additionally you must have sustained an “serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries, and can have a profoundly negative impact on the life of the victim. A New York injury lawyer can assist you if been injured in a major New York car accident. Following a serious car accident A lawyer can help you in a number of ways. They can help you understand your legal options, conduct an in-depth 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. You may have to pay astronomical medical costs along with lost wages, and other expenses after a serious auto accident. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately following a car crash even if it seems like you are fine. If you are unable to return to work, no-fault 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, such as the cost of household assistance. Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, since failing to do so could result in a retroactive denial of benefits. Purely faults that are comparable In a majority of car accident lawsuits, the plaintiffs are partly or totally accountable for the crash. The law allows injured parties to seek damages in proportion to the proportion of fault that can be attributable to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount that a claimant could be considered to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In a car accident the plaintiff must prove two things to be legally responsible for the crash that is, negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. Causation refers to the way in which the negligence directly led to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income, and travel expenses resulting from their injuries. 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 the injured party could still be able to seek compensation if they were partially at fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be exempt from any claim for damages. In this situation it is essential to consult with a reputable attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complex in cases of wrongful deaths. It is important to understand the concept of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. In addition, if you have several defendants in your case the concept of joint and multiple liability could be applicable. The system splits the verdict among all defendants when the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest compensation for your injuries. The tactics of the insurance company The aftermath of a car crash can be just as stressful. Victims of injuries often must deal with medical bills as well as a loss of income as a result of being unable to work and suffer from physical pain and emotional distress. Rent and other daily expenses are also a concern. They don't need to endure the stalling tactics used by insurance companies to try and get them to accept low settlement offers. Insurance companies are in business to make money. They do this by refusing or reduce your claims. Insurance agents will employ every tactic they can to prevent you from receiving the amount you are entitled to. This is why it's crucial to find an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies' sly strategies. To save money insurance companies will do everything they can to delay or stop your claim. They will also try and avoid responsibility by arguing that your injuries aren't connected to the accident or do not require treatment. They might even claim that you have a prior medical condition that is the reason for the crash. In some cases, the insurance adjuster will offer a settlement that appears reasonable. This is a common tactic that many people fall prey to. In reality, the price is significantly less than what you actually need to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is nevertheless common for people to be injured when driving or riding in another person's vehicle. The most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving is when a driver is using devices to send or receive text messages, make phone calls, or listens to music driving. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine the parties responsible for your injuries and losses. They can 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 car in a way that it puts other drivers or pedestrians and cyclists in danger. To convict someone of this crime an officer of the police force must prove more than negligence or recklessness. This means that the police officer must prove that the driver knew 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 can result in a serious accident. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face fines or even jail time. Incorrect driving can cause serious injuries to pedestrians, drivers, and bicyclists. Those who are convicted of this crime will be subject to points added to their license and may be subject to massive fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find a New York reckless driving accident attorney to ensure that the driver is convicted fairly. The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of a penalty depends on a variety of variables, such as the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended. An attorney for reckless driving who is experienced will be able to determine the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements as well as cellphone records to look for distracted driving, images and videos from the scene of the crash and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.