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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. While most of them are just fender benders, some can cause serious injuries. Injured parties 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 help victims obtain compensation for medical bills and lost income. No-fault Insurance New York is an insurance no-fault state. This means that drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages and other costs related to accidents. While this system has helped protect car accident victims from being buried by out-of-pocket costs, it is important to understand exactly what it does and does not mean. To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. First and foremost, you must be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. You must also have suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. These are all extremely serious injuries, and can have a devastating negative impact on the life of the victim. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can provide you with legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They can also file a court case on behalf of you against the driver who caused the accident. You may have to pay for astronomical medical expenses as well as loss of wages, and other costs following a serious car accident. No-fault insurance can pay for these and other expenses, so you should seek treatment after an accident, even if you feel well. If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It also covers an important portion of the cost you incur out-of-pocket such as the cost of household assistance. Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, because failure to attend could result in the denial of benefits retroactively. Purely comparative fault In many car accident cases the plaintiffs could be partially or fully responsible for the accident. The law gives injured parties the right to recover damages according to their percentage of blame. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant may be deemed to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In a case involving a car accident the plaintiff's legal responsibility for the crash depends on showing two things such as negligence and causation. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly led to the injury. To prove legal responsibility the plaintiff must demonstrate the economic loss caused by their injuries, like medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is one of the 13 states with strict comparative fault laws which means that injured parties can still seek recovery when they are at the fault. If the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In this instance it is crucial to consult with a reputable attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in cases of wrongful deaths. The concept of comparative fault is crucial to know when filing an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and multiple liability may be used in the event of several defendants. The system splits the verdict among all defendants in the event that a jury finds you jointly and severally liable for the accident. This is a great method to ensure that you receive the most compensation for your injuries. Strategies of insurance companies The aftermath of a car accident can be equally stressful. The victims of injuries typically have to deal with medical expenses and loss of income from being in a position of no work and suffer from physical pain and emotional stress. Rent and other expenses are also a major concern. Bloomington injury lawyer don't have to be subjected to the delay tactics employed by an insurance company to convince them to accept lower settlement offers. The truth is that the majority of insurance companies are focused on making money, and they do this by denying or cutting claims. Insurance companies will employ any method to stop you from receiving the amount 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 of car accident victims. Our lawyers will fight insurance companies' sneaky strategies. To save money insurance companies will do whatever they can to delay or stop your claim. They will also try to evade responsibilities by arguing that your injuries aren't directly related to the crash, or do not require treatment. They might even claim that you suffer from a previous medical condition that is to blame for the crash. In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a typical trick that many people are enticed by. This offer is lower than the amount you'll must 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 uncommon for drivers to suffer injuries while driving another's vehicle or in their vehicle. Some of the most common causes of accidents are 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 cause drivers to lose control of their vehicles and result in serious crashes. 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 may be entitled to compensation. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine who may be accountable for your injuries and damages. They could also make a claim or lawsuit against the driver to collect damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists at risk. To convict someone the police officer has to prove more than mere negligence or recklessness. This means that the officer must prove that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light can result in a serious accident. If a driver is found to be recklessly driving, they could be convicted of a misdemeanor and be subject to either a fine or jail sentence. Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. Those who are convicted of this offense will receive points added to their license and could be subject to massive fines. This could lead to a driving's premiums rising substantially. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and prison. The severity of the punishment depends on several factors such as the severity of the accident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. An experienced reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence to demonstrate your innocence. This could include witness statements, cellphone records to look for distracted driving, photographs and videos taken at the scene of the crash and official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.