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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident attorney can help victims with their legal issues following the crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. 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, lost wages, and other related expenses. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket costs. However, it is important that you understand what it means. To qualify for No-Fault Insurance You must satisfy a few criteria. In the first place you must have been injured in a vehicle accident that occurred in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by a certified provider. You must also have suffered “a 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 could have a significant negative impact on the life of the victim. A New York injury lawyer can assist you if been injured in a serious New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident. Following a serious car crash you could face huge medical expenses, lost wages and other expenses. These expenses can be paid for by no-fault insurance and you should seek medical attention immediately following a car crash even if it seems like you're fine. If you are unable to return work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It will also cover the majority of your out-of-pocket expenses which includes the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. Attendance is mandatory, as failure to do so may result in retroactive denials of benefits. Purely comparative fault In many cases of car accidents plaintiffs may be partially or fully responsible for the accident. The law gives injured parties the right to be compensated in proportion to their share of fault. This is referred to as pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a person could be considered to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking a law, or acting with unreasonable negligence. The cause of the accident is determined by the manner in which the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income or travel expenses resulting from their injuries. Other non-economic losses include emotional trauma and pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This means that those who are injured may still be able to claim compensation even if they are partially at fault. If the claimant is found more than 50 percent responsible, they are barred from claiming damages. In this case it is crucial to consult a knowledgeable attorney. Comparative fault applies to almost any personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered physical or emotional damages. However the concept of comparative fault can be a bit more complicated in wrongful death cases. The principle of comparative fault is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to get you the most compensation for your injuries. Joint and several liability can also apply if there are multiple defendants. This system divides the verdict between all defendants in the event that a jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation possible for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, and the aftermath can be even more difficult. The victims of injuries typically confront medical bills and a loss of income as a result of being in a position of no work in addition to their emotional and physical pain. Rent and other expenses are also a major concern. The last thing they want is to be sucked into the stalling tactics of an insurance company trying to convince them to accept a settlement offer that is low. The reality is that most insurance companies are focused on making money and they do this by denial or cutting claims. Insurance representatives will use any tactic they can to prevent you from getting the amount you deserve. It is crucial to employ 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 of the victims of car accidents. Our attorneys will fight insurance companies' sneaky strategies. Insurance companies will do all they can to delay your claim or stall the process to save as much as possible. They also try to avoid liability by arguing that the injuries aren't related to the accident or that they do not require treatment. They may even argue that you have a prior medical condition that is to blame for the crash. In some instances an insurance adjuster might come up with a settlement amount that seems reasonable. This is a common method that a lot of people are enticed by. In reality, this offer will be much lower than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. However, it is not uncommon for people to get injured while driving or riding in a person's vehicle. The most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving occurs when a driver is using a device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine the parties that might be responsible for your injuries and damages. They can also make a claim or a lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists at risk. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance, running an intersection with a stop sign could lead to a serious accident and injury. If an individual driver is found be driving recklessly, they could be found guilty of a misdemeanor offense and be subject to a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this type of offense could result in the addition of points to your driver's license, as well as substantial fines. This can result in a driving's premiums rising significantly. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless-driving laws are very strict and can result in significant penalties, including fines and prison. Springfield injury attorney of the penalty is contingent on a number of factors, including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license. An attorney for reckless driving with experience will know how investigate the cause of an accident and gather evidence to demonstrate your innocence. This evidence might include witness statements and cell phone records to check for distracted driving, images and videos taken at the scene of the crash and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.