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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 just accidents that cause fender benders, a few can cause serious injuries. The injured party should call 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal requirements following an accident. They can help victims obtain compensation for medical expenses and lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other related expenses. This has helped protect the victims of car accidents from having to pay out-of-pocket expenses. However it is crucial that you understand what it means. To qualify for No-Fault Insurance you must satisfy a few criteria. First of all you must be injured in a vehicle accident that occurred in the state of New York. You must be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. You must have also suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. All of these are serious and can have a negative impact on a victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. In the aftermath of a serious auto crash An attorney can assist you in a number of ways. They can explain your legal options, conduct an extensive investigation, and bargain with the insurance company on your behalf. They may also bring a lawsuit to court on behalf of you against the driver who caused the accident. You could be required to pay for astronomical medical expenses along with lost wages and other expenses after a serious auto accident. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a collision, even if it feels like you are fine. If you cannot return to work because of an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It can also cover an important portion of the cost you incur out-of-pocket which includes the cost of household help. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. You must be present at these appointments, as not attending could result in an appeal to the benefits. Pure comparative fault In many cases of car accidents plaintiffs may be held to be fully or partially responsible for the accident. Sunnyvale injury lawyer permits the injured party to claim damages based on the proportion of the blame that is assigned to them. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault the claimant could be considered to have in order to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In a car accident the plaintiff must prove two things to be legally responsible for the crash the other being negligence and causality. Negligence is the violation of the 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, plaintiffs must also show economic losses, like medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is one of the 13 states that have pure comparative fault laws, which means that the injured party are still able to seek compensation even in the event that they are partly at the fault. If the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this case, it is important to work with a skilled attorney. Comparative fault is applicable to nearly every personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complex in wrongful death cases. The principle of comparative fault is crucial to know when filing an action for compensation following an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the maximum compensation for your injuries. In addition, if have multiple defendants in your case the concept of joint and numerous liability could be applicable. This is a system that divides the judgment between all defendants in the event that the jury determines that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the highest compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be just as stressful. The injured victims are often confronted with medical bills, lost income due to inability to work, and physical discomfort. They also have to think about whether they can cover rent and other daily expenses. They don't have to endure the delay tactics employed by insurance companies to convince them to take low settlement offers. Insurance companies are in business to earn money. They accomplish this by denial or reduce your claims. Insurance companies will employ any strategy to prevent you from obtaining the compensation you are entitled to. This is why it's so important to hire an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their sneaky tactics. Insurance companies will do everything they can to delay your claim or stall negotiations to save as much as possible. They may also attempt to avoid liability by arguing that the injuries are not related to the accident or that they do not require treatment. They might even claim that you had a prior medical condition that is to blame for the crash. In some cases the insurance adjuster might offer a settlement that appears reasonable. This is a common scam that a lot of people fall for. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damage. New York law requires that all drivers have no-fault insurance. It is nevertheless common for people to get injured while driving or riding in another's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. 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 assist you in analyzing the crash to determine who might be responsible for your injuries and the damages. They may also make a claim or lawsuit against the driver in order to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists at risk. To find someone guilty the police officer must prove more than just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For example, running the red light or stopping sign could cause a serious accident and injury. If a driver is caught driving recklessly, they could be found guilty of misdemeanor charges and could face fines or even 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 crucial to employ an attorney in New York who will ensure the driver is convicted fairly. New York's reckless-driving laws are very strict and can result in significant penalties, including fines and jail time. The severity of a penalty depends on a variety of variables like the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license. An attorney for reckless driving who is experienced will know how investigate the cause of an accident and gather evidence to prove your innocence. This could include witness statements and phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum compensation for your injuries.