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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. Certain accidents could cause serious injuries, even if they are just minor collisions. The injured party should call 911 and seek medical attention as soon as possible. A New York car accident attorney can assist victims with their legal issues after a crash. They can help victims get compensation for medical bills and lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical expenses, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried by expenses out of pocket, it is important to know 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. In the first place you must be injured in a car accident that occurred in the state of New York. You must be a driver or passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The person injured must be treated in an accredited hospital or provider. In addition you must have sustained a “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 injuries are severe and could have a negative impact on the life of a victim. A New York injury lawyer can help you if you have been injured in a major New York car accident. A lawyer can help you with the legal process in numerous ways after a serious car accident. They can help you understand your legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They can also file a court case on your behalf against the person who caused the accident. After a serious car accident you could be faced with huge medical bills, lost wages and other costs. No-fault insurance can cover these costs as well, and you should seek out treatment after an accident, even though you feel okay. 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 can also cover the majority of your out-of-pocket expenses such as the cost of household assistance. Insurance companies frequently try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as failure to do so may result in denial of benefits retroactively. Purely faults that are comparable In a majority of car accident lawsuits, the plaintiffs are partially or completely accountable for the incident. The law permits injured parties to seek damages based on the percentage of blame that can be given to them. This is known as pure comparative fault. Dearborn injury lawsuits www.youtube.com is distinct from modified comparative fault, which caps the amount of fault that the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the accident: negligence and causality. Negligence refers to breaking the law or acting with unreasonable carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To demonstrate legal responsibility the plaintiff must demonstrate the economic loss caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states with strict comparative fault laws which means that the injured party may still pursue recovery even when they are at the fault. However, if the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In this instance it is essential to work with an experienced attorney. Comparative fault can be applied to almost any personal injury or wrongful death case where the victim (or the descendants of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault can be somewhat more complex in wrongful death cases. The principle of comparative fault is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will work with insurance companies to get you the maximum amount of compensation for your injuries. Joint and multiple liability may be used in the event of several defendants. This is a system that splits the judgment amongst all defendants if the jury finds that you are jointly and multiplely responsible for the incident. This is an excellent way to ensure you receive the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, and the aftermath can be more difficult. Injured victims often must deal with medical expenses and loss of income from being in a position of no work, not to mention their emotional and physical pain. Rent and other daily expenses are also a problem. The last thing they want is to be subjected the tactics of a stalling insurance company who is trying to get them to accept a low settlement offer. Insurance companies exist to earn money. They do this by refusing or cutting your claims. Insurance agents will use every trick to deny you the money you are entitled to. This is why it is crucial to find a New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly strategies. To save money, insurance companies will do everything they can to delay or derail your claim. They also try to avoid responsibility by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for your crash. In some cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a common tactic that many people fall to. The offer is significantly less than the amount you have to pay to cover medical expenses and other damages. 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 among the most common causes of accidents. Distracted driving occurs when a driver is using devices to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving could 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 been injured 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 who might be responsible for your injuries and damages. They may also file a claim or lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of other drivers and pedestrians or riders on bicycles. To find someone guilty the police officer must prove more than just negligence or carelessness. The officer must show that the driver was aware that their actions could have caused 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 cause serious accidents. If a driver is found driving recklessly, he or she might be found guilty of misdemeanors and be subject to fines or jail time. Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this crime can lead to the addition of points to your license, as well as substantial fines. This can result in a driver's insurance premiums increasing substantially. It is essential to find an New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner. The laws governing reckless driving in New York 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 crash and whether or not there were aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended. A reckless driving accident lawyer who has experience can determine the causes of an accident and gather evidence to prove your innocence. This could include witness statements and cell phone records to check for distracted driving, images and videos from the scene of the accident and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.