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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. Although the majority of them are accidents that cause fender benders, a few can cause serious injuries. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident lawyer can help victims with their legal issues following a crash. They can assist in obtaining compensation for their medical bills and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically covered by their personal automobile 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 but it is essential to know what it is and what it 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 motor vehicle accident that took place in the state of New York. You must also be a driver, passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The injured party must also be treated in an accredited hospital or 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. All of these injuries are serious and can have a negative impact on the life of a victim. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you deserve. In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. They can provide you with legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They may also make a court-filed lawsuit on behalf of you against the negligent driver who caused the accident. In the aftermath of a serious crash, you may be facing massive medical bills, lost wages and other costs. No-fault insurance can cover these costs and other expenses, so you should seek treatment after a crash, even if you feel well. If you're 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 an important portion of your out-of-pocket costs which includes the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. It is mandatory to attend, since failing to attend could result in denial of benefits retroactively. Pure faults that are comparable In a lot of car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law permits the injured party to claim damages in proportion to the percentage of fault that can be attributable to them. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault, which caps the amount of fault a claimant can be 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 the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the accident the other being negligence and causality. Negligence is the act of breaking a law or committing an act with reckless carelessness. Causation refers to the way in which the negligence directly led to the injury. To prove legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that those who are injured could still be able to claim compensation even if they are partially responsible. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this instance it is crucial to work with an experienced attorney. Comparative fault is applicable to nearly every personal injury or death case in which a victim (or the descendants of the deceased) has suffered physical or emotional damages. However the concept of comparative fault is a bit more complicated in wrongful death cases. It is crucial to grasp the principle of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will assist you determine the severity of your own contribution to the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. In addition, if have multiple defendants in your case the concept of joint and several liability could be applicable. This is a method that divides the judgment between all the defendants if the jury decides that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car accident can be equally stressful. The injured victims are often confronted with medical bills, loss of income due to being unable to work, and physical pain. They also have to worry about whether they can afford rent and other expenses of daily living. They don't need to be subjected the strategies of stalling employed by insurance companies to convince them to accept low settlement offers. The reality is that most insurance companies are focused on making money, and they do this by denial or reduction of claims. Insurance representatives will use any strategy to prevent you from obtaining the amount you deserve. It is essential to find an experienced New York car accident attorney to level the playing field. The attorneys 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. Santa Monica injury lawsuit will do all they can to delay your claim or slow negotiations to save as much as possible. They also try to avoid liability by arguing that the injuries aren't connected to the accident or do not require treatment. They could even argue that your crash was caused by an earlier medical condition. In some instances an insurance adjuster might determine an amount for settlement that seems reasonable. This is a common tactic that a lot of people fall to. In reality, the price will be much lower than what you actually need to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. However, it is not uncommon for people to get injured when driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive texts or phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify all parties that could be accountable for your injuries and losses. They could also initiate a lawsuit or claim against the driver in order to collect damages. The New York criminal code defines reckless driving as the act of operating the vehicle in a way that puts at risk the lives and safety of others on the road and pedestrians on bicycles. To find someone guilty the police officer has to prove more than just negligence or recklessness. This means that the officer must show that the driver was aware of their actions could cause an accident or put others at risk. Even minor traffic violations can be deemed reckless driving in New York. For example, running a red light or stop sign could lead to serious injuries and accidents. If a driver is found to be recklessly driving, they could be convicted of a misdemeanor offense and face a fine or jail time. Reckless driving can cause severe injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can lead to the addition of points to your driver's license, and hefty fines. This can result in a driver's insurance premiums increasing significantly. It is important to hire 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 extremely strict and could result in substantial penalties including fines and jail time. The severity of a penalty is contingent on a variety of variables including the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. A seasoned reckless accident lawyer will know how to investigate the causes of a crash and gather evidence that will show your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photographs and videos of the scene of the crash, official medical reports, and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.