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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. While the majority of them are just fender benders, some can cause serious injuries. The injured party should call 911 and seek medical attention right away. A New York car accident attorney can assist victims with their legal issues after an accident. They can assist victims in obtaining compensation for medical expenses as well as lost income. No-fault insurance New York is an insurance no-fault state. This means that drivers, passengers and pedestrians as well as bicyclists and cyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages and other related costs to an accident. This has helped protect the victims of car accidents from being weighed down by out-of-pocket costs. However, it is important that you understand what it means. In order to qualify to benefit from No-Fault insurance, you have to meet certain requirements. First and foremost, you must have been injured in an accident in New York. You must also be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. The injured person must be treated in a hospital or an authorized provider. Additionally you must have suffered an “serious injury.” Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. All of these injuries are severe and could have a negative impact on the life of a victim. A New York injury lawyer can assist you if been injured in a serious New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the accident. After a serious car accident you could be faced with astronomical medical bills, lost wages and other expenses. No-fault insurance is able to pay for these as well, and you should seek treatment after a crash, even if you feel fine. If you are unable return to work, no fault will pay for 80 percent of your wages lost up to $2,000 per month. It will also cover a lot of your out-of-pocket costs, such as the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. You must be present at these appointments, since failure to attend could result in an appeal to the benefits. Purely faults that are comparable In many car accident lawsuits, the plaintiffs are either completely or partially accountable for the incident. The law permits injured parties to seek damages according to the percentage of fault that can be assigned to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that the claimant could be considered to have to make them ineligible for financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In a car accident, the plaintiff must prove two things to be legally responsible for the accident that is, negligence and causality. Negligence is the violation of an act of law, or acting with unreasonable negligence. Causation refers to how the negligence directly led to the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states with strict comparative fault laws which means that the injured party can still seek recovery if they are partially at fault. However, if the person seeking compensation is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance, it's important to consult a knowledgeable lawyer. Glendale injury attorneys You Tube is applicable to nearly every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered physical or emotional damages. However the concept of comparative fault is a bit more complicated in wrongful death cases. It is crucial to grasp the principle of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will help you determine the severity of your own contribution to the accident, and work with insurance companies to ensure that you get the most compensation you can for your injuries. Joint and several liability could also apply if there are multiple defendants. This system divides the verdict among all defendants when a jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents can be stressful enough, but the aftermath can be even more difficult. The victims of injuries typically confront medical bills and a loss of income as a result of being in a position of no work, not to mention their physical pain and emotional distress. They also have to think about how they will pay rent and other expenses of daily living. The last thing they want is to be sucked into the stalling tactics of an insurance company who is trying to get them accept a settlement offer that is low. Insurance companies are in business to earn money. They do this by denying or reduce your claims. Insurance companies will employ every tactic possible to deny you the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will fight insurance companies' devious tactics. Insurance companies will do all they can to delay your claim or slow the negotiations in order to save as much money as possible. They may also attempt to avoid liability by arguing that your injuries aren't connected to the accident or 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 classic trick that a lot of people are enticed by. In reality, the price is significantly less than the amount you will actually have to pay for your medical treatment and other damages. New York law requires that all drivers have no-fault insurance. However, it is common for people to be injured while driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving happens when a driver uses devices to send or receive text messages, makes phone calls or listens to music driving. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify all parties who may be responsible for your injuries and losses. They can also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as operating a vehicle in a manner that poses a threat to the lives and safety of others on the road and pedestrians or riders on bicycles. To convict someone, a policeman must show more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger. In certain instances, even a minor traffic infraction could be viewed as a type of reckless driving in New York. For instance, running the red light or stopping sign could lead to serious injuries and accidents. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to fines or jail time. Reckless driving can cause severe injuries to pedestrians, drivers, and bicyclists. 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 cause a driver's insurance rates to go up substantially. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are extremely strict and could lead to substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors including the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence. An attorney for reckless driving with experience will know how investigate the root of the accident and gather evidence to show your innocence. This could include witness statements, phone records to check whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.