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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements following an accident. They can help them obtain compensation 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 own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected car accident victims against being weighed down by out-of-pocket costs. However, it is important to understand what it means. To be eligible for No-Fault Insurance, you must meet certain requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. In addition you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. All of these injuries are serious and could have a negative impact on a victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can explain your legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the driver who caused the accident. In the aftermath of a serious crash you could be faced with astronomical medical expenses, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if you feel like you're fine. If you cannot return to work because of an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It will also cover a lot of your out of pocket expenses, like the cost of household assistance. Insurance companies often try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failure to do so may result in retroactive denials of benefits. Pure comparative fault In many car accident lawsuits plaintiffs are either completely or partially accountable for the crash. The law permits injured parties to seek damages based on the proportion of blame that can be given to them. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a claimant may be deemed to have to prevent them from receiving financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence is the violation of an act of law, or committing an act of negligence that is unreasonable. The causality is the way in which the negligence caused the injury. To establish legal liability, plaintiffs must also show economic losses, like medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses can include emotional trauma, suffering and pain. New York is among the 13 states with a pure comparative fault law, which means that those who are injured may still be able to claim compensation even if they are partially responsible. However, if the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this situation it is essential to consult with a seasoned attorney. Comparative fault applies to almost any personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault can be a bit more complicated in wrongful death cases. The principle of comparative fault is crucial to know when making claims for compensation following an accident in New York. Your lawyer will help you determine the extent of your own contribution to the accident and will work with insurance companies to ensure that you get the maximum amount of compensation for your injuries. Additionally, if you have several defendants in your case the concept of joint and several liability could be applicable. This is a system which splits the verdict among all the defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be equally stressful. The victims of injuries typically have to deal with medical expenses and loss of income from being in a position of no work in addition to their emotional and physical pain. They also have to think about whether they can afford rent and other daily expenses. The last thing they want is to be subjected to the tactics of an insurance company who is trying to get them to accept a low settlement offer. The truth is that the majority of insurance companies are in the business of making money, and they do this by denial or reducing claims. Insurance agents will employ every method to stop you from getting the amount you are entitled to. It is essential to find an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will stand up to insurance companies and their sneaky tactics. Insurance companies will do everything they can to delay your claim or slow the process to save as much as possible. They will also try and avoid liability by arguing that your injuries aren't related to the accident or do not require treatment. They could even argue that your accident was the result of a prior medical condition. In some instances, an insurance adjuster will determine a settlement amount that seems reasonable. This is a common tactic that many people fall to. This offer is much lower than the amount you'll need to pay in order to cover medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. However, it is common for people to get injured when driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver is using an electronic device 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 leading to serious accidents. Other causes of crashes include drunk driving, road conditions, and weather. 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 you in investigating the crash to determine who could be accountable for your injuries and damages. They can also initiate a lawsuit or claim against the driver to collect damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or pedestrians and cyclists at risk. To convict someone the police officer must prove more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could cause an accident or place others in danger. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light could result in an accident that is serious. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and face fines or jail time. Reckless driving can cause severe injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can result in the addition of points to your license, as well as hefty fines. This could cause drivers' insurance rates to rise substantially. 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 could result in substantial penalties that include fines and jail time. The severity of the punishment depends on several factors, including the severity of the incident 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 attorney with experience can determine the cause of an accident and gather evidence to demonstrate your innocence. This evidence might include witness statements as well as cell phone records to check for distracted driving, images and videos of the scene of the accident as well as official medical reports and toxicology reports. Warwick injury lawyers YouTube will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.