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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. Although the majority of them are just fender benders, some can cause serious injuries. The injured party should call 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal requirements following the crash. They can assist 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 covered by their personal automobile insurance policies for medical expenses, lost wages, and other related expenses. This system has protected the victims of car accidents from being burdened with out-of pocket costs. However, it is important that you understand what it means. To be eligible for No-Fault insurance you must satisfy some requirements. First and foremost, you must be injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person injured must be treated in an accredited hospital or provider. In addition you must have suffered 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. All of these injuries are severe and can have a negative impact on the life of a victim. A New York injury lawyer can assist you if you've been injured in a major New York car accident. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can explain your legal options, conduct a thorough investigation, and engage with the insurance company on your behalf. They can also file a lawsuit in court on behalf of you against the negligent driver responsible for the crash. In the aftermath of a serious crash you could face astronomical medical bills, lost wages, and other costs. No-fault insurance is able to cover these costs and other expenses, so you should seek treatment after an accident, even if you feel okay. If you cannot return to work due to an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It also covers a large portion of your out-of-pocket costs such as the cost of household assistance. Insurance companies frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, because failure to attend could result in a retroactive denial of benefits. Purely comparative fault In a lot of car accident cases plaintiffs may be liable in part or full for the incident. The law allows injured parties to recover damages in proportion to the percentage of blame that can be given to them. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to have in order to keep them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two elements to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly led to the injury. To prove legal responsibility, the plaintiff must also demonstrate the economic loss that result from their injuries for example, medical bills, lost income, and travel expenses to appointments. Other non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states that have a strict comparative fault law, which means that the injured party may still be able to seek compensation if they were partially at fault. However, if the claimant is found to be more than 50 percent at the fault, they will be barred from recovering any damages. In this instance, it's important to work with a knowledgeable lawyer. Comparative fault can be applied to any personal injury or wrongful death case in which the victim (or heirs) have suffered physical or mental damages. The concept of comparative fault is more complicated in wrongful death cases. The principle of comparative fault is very important to understand when making an action for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and work with insurance companies to ensure that you get the maximum compensation possible for your injuries. Joint and several liability could also be a possibility if there are multiple defendants. This system splits the verdict between all defendants if a jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure you receive the maximum amount of compensation for your injuries. Insurance company tactics Car accidents can be stressful enough, and the aftermath can be more challenging. The victims of injuries typically confront medical bills and a loss of income as a result of being in a position of no work, not to mention their physical pain and emotional stress. Rent and other daily expenses are also a major concern. They don't need to be subjected the delay tactics employed by an insurance company to get them to accept lower settlement offers. The truth is that the majority of insurance companies are focused on making money and do this by denial or reduction of claims. Insurance representatives will use any tactic they can to prevent you from obtaining the compensation you deserve. It is crucial to employ 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 car accident victims. Our lawyers will stand up to insurance companies and their shady tactics. Insurance companies will do everything they can to delay your claim or stall the process to save as much money as possible. They may also attempt to avoid accountability by arguing that your injuries aren't caused by the crash or they do not require treatment. They could even argue that the accident was caused by an earlier medical condition. In some cases, an insurance adjuster will come up with an amount of settlement that appears reasonable. This is a common trick that many people fall prey to. In St. Petersburg injury attorney , the price will be much lower than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. It is not unusual for people to be injured when driving a vehicle of another or in their own vehicle. The most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses a device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather. Reckless driving You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine the parties that may be accountable for your injuries and the damages. They may also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as the act of operating the vehicle in a way that endangers the lives and safety of other drivers and pedestrians on bicycles. To convict someone the police officer has to prove more than mere negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light could result in an accident that is serious. If an individual driver is found be driving recklessly, they may be convicted of a misdemeanor crime and could face an indictment or a fine. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this type of offense can result in the addition of points to your license, as well as hefty fines. This could result in driving's premiums rising substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is found guilty on a fair basis. The reckless driving laws in New York are quite strict and can result in substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on a number of factors including the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence. A reckless driving accident lawyer who is experienced can determine the root of the accident and gather evidence to demonstrate your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.