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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 only minor collisions. The injured party must immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with legal issues after a crash. They can assist them in obtaining compensation for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this system has helped protect car accident victims from being buried by out-of-pocket costs but it is essential to know what it does and does not mean. In order to qualify for the benefits of No-Fault insurance, you have to meet certain requirements. First and foremost, you must be injured in a vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a bicyclist or pedestrian who was struck by the vehicle. The injured person must be treated at a hospital or an authorized provider. In addition you must have suffered an “serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. All of these injuries are serious and can have a negative effect on a victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. A lawyer can help you with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the negligent driver who caused the accident. After a serious car accident you could face huge medical expenses, lost wages and other costs. These expenses can be paid for by no-fault insurance and you should seek treatment immediately following a car crash even if you feel like you are fine. If you cannot return to work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It can also cover many of your out-of-pocket expenses, like 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). The requirement to attend is that failing to attend could result in denial of benefits retroactively. Purely comparative fault In many car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law allows injured parties the right to be compensated in proportion to their share of fault. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount a person could be considered to have in order to keep them from being eligible for financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent. In Pasadena injury lawsuits for the crash depends on showing two things that are causation and negligence. Negligence refers to breaking a law or committing an act with reckless carelessness. The cause of the accident is determined by the manner in which the negligence caused the injury. To prove legal responsibility, the plaintiff must also demonstrate the economic loss resulted from their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law, which means that injured parties may still be able to claim compensation even if they are partially at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case, it's important to consult with a reputable attorney. Comparative fault can be applied to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in cases of wrongful deaths. The concept of comparative blame is crucial to know when making claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum amount of compensation for your injuries. Joint and several liability can be used in the event of multiple defendants. This system splits the verdict between all defendants if the jury finds you jointly and severally liable for the accident. This is a great method to ensure that you receive the most compensation possible for your injuries. Strategies of insurance companies The aftermath of a car crash can be equally stressful. The injured victims are often faced with medical bills, lost income due to inability to work, and physical pain. Rent and other expenses are also a problem. They don't need to endure the stalling tactics used by an insurance company to get them to take low settlement offers. The reality is that most insurance companies are in the business of making money and do it by denying or cutting claims. Insurance companies will employ every tactic possible to deny you the compensation you deserve. It is important to hire 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 of car accident victims. Our lawyers will fight insurance companies and their devious tactics. Insurance companies will do everything they can to delay your claim or slow the process to save as much as possible. They may also attempt to avoid liability by arguing that the injuries are not directly related to the crash or do not require treatment. They could even argue that your accident was the result of a prior medical condition. In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a classic method that a lot of people are enticed by. This offer is much lower than the amount you have to pay to cover your medical expenses and other damage. New York law requires that every driver have no-fault insurance. However, it is common for people to become injured while driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver is using a device while driving to send or receive messages, 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 accidents are 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 driving accident lawyer can help investigate the crash to identify the parties accountable for your injuries and losses. They may also file a lawsuit or claim against the driver in order to collect damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that endangers the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty, a policeman must show more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could have caused an accident or place 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 an intersection with a stop sign could lead to a serious accident and injury. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and be subject to either a fine or jail sentence. Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. Anyone who is found guilty of this offense will receive points added to their license and could be subject to large fines. This could result in driving's premiums rising significantly. 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 regarding reckless driving in New York are extremely strict and could result in substantial penalties including fines and jail time. The severity of the punishment depends on a number of factors such as the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer knows how to determine the cause of a collision and gather evidence to demonstrate your innocence. This could include witness statements as well as cellphone records to look for distracted driving, images and videos from the scene of the accident, official medical reports, and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.