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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. While most of them are accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately call 911 and seek medical attention. A New York car accident lawyer can help victims with their legal issues after the crash. They can assist victims in obtaining compensation for medical bills and lost income. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. This has helped protect the victims of car accidents from being weighed down by out-of-pocket expenses. However it is essential that you understand what it means. To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. You must first and foremost be injured in an accident in New York. You must be a driver or passenger in the insured vehicle or a cyclist or pedestrian struck by the vehicle. The injured person must be treated in an accredited hospital or provider. 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 effect on the victim's life. 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 auto accident. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident. You could be required to pay astronomical medical bills, lost wages and other expenses following a serious accident. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a collision even if you feel like you're fine. If you are unable return to work, no fault will pay 80 percent of your wages lost up to $2,000 per month. It can also cover the majority of the cost you incur out-of-pocket such as the cost of household assistance. Insurance companies often try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as failure to do so may result in retroactive denials of benefits. Purely comparative fault In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law allows injured parties the right to receive damages based on their percentage of the fault. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount a person could be considered to have to prevent them from receiving financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In a car accident, the plaintiff must prove two things to be legally accountable for the crash the other being negligence and causality. Negligence refers to breaking the law or acting with unreasonable carelessness. The causality is the way in which the negligence caused the injury. To prove legal responsibility the plaintiff must demonstrate the economic loss resulted from their injuries, such as medical bills, lost income, and travel expenses for appointments. 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 the injured party 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 unable to claim damages. In this situation it is essential to work with a skilled attorney. Comparative fault is applicable to nearly every personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault can be somewhat more complex in the case of wrongful death claims. It is crucial to grasp the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries. Additionally, if you have multiple defendants in your case the concept of joint and several liability could be applicable. This system splits the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great way to ensure you receive the maximum amount of compensation for your injuries. The 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 being unable to work or suffer physical discomfort. Rent and other daily expenses are also a concern. The last thing they need is to be subjected the tactics of an insurance company trying to get them to accept a settlement offer that is low. The reality is that most insurance companies are in the business of making money, and they do this by denial or reduction of claims. Insurance companies will employ every tactic possible to deny you the money you deserve. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will take on insurance companies and their shady tactics. Insurance companies will do all they can to delay your claim or slow the process to save as much money as possible. They also try to avoid responsibility by arguing that the injuries aren't directly related to the crash or do not require treatment. They might even claim that you have a prior medical condition that is the reason for the crash. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a classic method that a lot of people fall for. Grand Prairie injury attorneys is significantly less than the amount you need to pay in order to cover your medical expenses and other damages. New York law requires that all drivers have no-fault insurance. However, it is not uncommon for people to become injured while driving or riding in a person's vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving is when a driver uses devices to send or receive text messages, make phone calls or listens to music behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions and weather. Reckless driving You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you investigate the crash to identify all parties that could be responsible for your injuries and losses. They may also file a lawsuit or claim against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To find someone guilty, a policeman must show more than mere negligence or carelessness. This means that the police officer must show that the driver knew their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could cause serious accidents. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor crime and face a fine or jail time. Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. Those who are convicted of this crime will be subject to points added to their licenses and may be subject to hefty fines. This can result in a driver's premiums going up substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are very strict and could result in substantial penalties that include fines and jail time. The severity of a penalty is contingent on a variety of variables like the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. An attorney for reckless driving who has experience will be able to determine the root of the accident and gather evidence to show your innocence. The evidence could include witness statements, cell phone records to check for distracted driving, photos and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.