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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. Certain accidents could cause serious injuries even if they're just minor collisions. The injured party should call 911 and seek medical attention right away. A New York car accident lawyer can help victims with their legal needs following the crash. They can help victims get compensation for medical expenses 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 related expenses. This system has protected the victims of car accidents from having to pay out-of-pocket costs. However, it is important that you understand what it means. To be eligible for No-Fault insurance you must satisfy some requirements. First of all, you must be injured in a car accident that took place in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a pedestrian or bicyclist struck by the vehicle. The injured party also must be treated in a hospital or by a certified medical professional. Additionally you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries that can have a profoundly negative impact on the life of the victim. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. A lawyer can assist you with the legal process in a variety of ways after a serious car accident. They can provide you with legal options, conduct a thorough investigation, and engage with the insurance company on your behalf. They can also make a court filing on your behalf against the driver who caused the accident. Following a serious car crash you could be faced with huge medical bills, lost wages and other expenses. These expenses can be paid for by no-fault insurance and you should seek treatment immediately after a car accident even if it seems like you are fine. If you are unable to return work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It will also cover a large portion of the cost you incur out-of-pocket such as the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. Attendance is mandatory, as the absence of this could result in retroactive denials of benefits. Pure faults that are comparable In a lot of car accident cases, the plaintiffs may be held to be fully or partially responsible for the accident. The law allows injured parties the right to receive damages in proportion to their share of fault. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault which caps the amount of fault an individual claimant is deemed to have to exclude them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the crash depends on showing two things such as negligence and causation. Negligence is the violation of the law or acting with unreasonable negligence. Causation refers to how the negligence directly contributed to the injury. To establish legal liability plaintiffs must also prove economic losses, including medical expenses, lost income, and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma, suffering and pain. New York is one of the 13 states with pure comparative fault laws, which means that those who have suffered can still seek recovery in the event that they are partly at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case, it is important to work with an experienced attorney. Comparative fault is applicable to nearly every personal injury or wrongful death case where the victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complicated in cases of wrongful deaths. The concept of comparative fault is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will work with the insurance companies to secure the maximum amount of compensation for your injuries. Joint and multiple liability may also apply if there are multiple defendants. The system splits the verdict between all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure you receive the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, but the aftermath can be even more difficult. The injured victims are often confronted with medical bills, lost income due to being unable to work or suffer physical pain. They also have to worry about whether they can cover rent and other daily expenses. They don't need to be subjected to the delay tactics employed by insurance companies to get them to accept lower settlement offers. Concord injury lawsuit are in business to make money. They accomplish this by denial or reducing your claims. Insurance agents will employ every method to stop you from receiving 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 lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sneaky strategies. Insurance companies will do everything they can to delay your claim or slow the negotiations in order to save as much money as possible. They will also try to avoid accountability by arguing that your injuries aren't directly related to the crash, or that they don't require treatment. They may even argue that you had a prior medical condition that is to blame for the crash. In some instances an insurance adjuster might determine an amount for settlement that seems reasonable. This is a common trick that many people fall prey to. The offer is significantly less than the amount you have to pay to cover your medical expenses and other damage. New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to sustain injuries while driving another person's car or riding in their vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes for accidents. Distracted driving happens when a driver is using a device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties who may be responsible for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists in danger. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or place others in danger. In some instances, even a minor traffic infraction can be viewed as a form of reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and could face fines or even jail time. Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. If convicted of this offense will have points added to their licenses and could face massive fines. This could lead to a driving's premiums rising significantly. It's important to hire a New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner. New York's reckless driving laws are quite strict and can result in severe penalties which include fines and even imprisonment. The severity of the penalty depends on a number of factors including the severity of an accident and if 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 root of the accident and gather evidence to prove your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photographs and videos from the scene of the crash and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.