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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 common. Some of these accidents can cause serious injuries even if they're minor accidents. The injured party should immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal needs after an accident. They can help them obtain compensation for their medical bills and lost wages. No-fault insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this system has protected car accident victims from being buried by cost-out-of-pocket It is crucial to understand exactly what it does and does not mean. To qualify for No-Fault Insurance, you must meet some requirements. First and foremost, you must be injured in an accident in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. Lakewood injury attorneys YouTube injured must be treated at a hospital or an authorized provider. Additionally you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. All of these injuries are severe and could 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. A lawyer can assist with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They may also make a court-filed lawsuit on behalf of you against the driver responsible for the crash. In the aftermath of a serious crash, you may be facing massive medical expenses, lost wages and other costs. No-fault insurance will cover these costs as well, and you should seek treatment following a crash, even if you feel well. 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 a large portion of the cost you incur out-of-pocket such as the cost of household help. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. The requirement to attend is that failure to do so may result in denial of benefits retroactively. Pure faults of a comparative nature In many car accident lawsuits, plaintiffs are either completely or partially accountable for the incident. The law grants injured parties the right to receive damages in proportion to their share of fault. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a person could be considered to have in order to keep them from receiving 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 in order to be legally responsible for the accident that is, negligence and causality. Negligence is the act of breaking a law, or acting with unreasonable negligence. Causation refers to the way in which the negligence directly caused the injury. To establish legal liability the plaintiff has to show the economic losses resulted from their injuries, for example, medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured could still be able to claim compensation even if they were partially responsible. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this instance it is essential to work with a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful-death instance in which the victim (or heirs) have suffered physical or mental damages. The concept of comparative fault is more complex in wrongful death cases. It is crucial to grasp the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries. In addition, if have multiple defendants in your case the concept of joint and numerous liability may apply. The system splits the verdict among all defendants in the event that the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries. The tactics of the insurance company Car accidents are stressful enough, but the aftermath can be even more challenging. Victims of injuries are often confronted with medical bills, lost income due to inability to go to work and physical pain. They also have to think about how they will pay rent and other daily expenses. They don't have to be subjected to the stalling tactics used by insurance companies to get them to accept low settlement offers. Insurance companies are in business to make money. They accomplish this by denial or reducing your claims. Insurance agents will use every tactic possible to deny you the money you are entitled to. This is why it is so important to hire an New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will take on insurance companies and their devious tactics. To save money insurance companies will do whatever they can to delay or stop your claim. They will also try to avoid responsibility by claiming that your injuries are not related to the crash or do not require treatment. They might even claim that your crash was caused by an earlier medical condition. In some cases an insurance adjuster might come up with an amount for settlement that seems reasonable. This is a common trick that many people fall to. This offer is lower than the amount you'll have to pay to cover medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance coverage. It is not unusual for people to suffer injuries while driving another's vehicle or in their own vehicle. The most frequent causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using 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 and causing serious accidents. Other causes of crashes are drunk driving, road conditions and weather 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 investigating the crash to determine the parties that may be responsible for your injuries and the damages. They could also initiate a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that poses a threat to the lives and safety of other drivers and pedestrians on bicycles. In order to convict someone of this crime the police officer must prove more than negligence or carelessness. This means that the officer must prove that the driver was aware of their actions could cause an accident or put others in danger. In some cases, even a minor traffic violation can be viewed as a form of reckless driving in New York. For example driving at a red light or stop sign could result in a serious accident and injury. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines or jail time. Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this type of offense can result in the addition of points to your license, and hefty fines. This could cause driver's insurance rates to increase substantially. It is essential to find an New York reckless driving accident attorney who will ensure the driver is convicted in a fair manner. New York's reckless-driving laws are very strict and can result in severe penalties, including fines and jail time. The severity of the penalty depends on a variety of factors such as the severity of the accident and whether there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A reckless driving accident lawyer with experience will be able to determine the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, photos and videos taken at the scene of the crash as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.