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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common incident in New York City. Although the majority of them are just collisions between cars, some may cause serious injuries. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident attorney can help victims with their legal issues after an accident. 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 automatically protected by their own auto insurance policies for medical expenses, lost wages, and other accident-related expenses. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket costs. However it is essential that you understand what it means. To be eligible for No-Fault Insurance You must satisfy some requirements. You must first and foremost have been injured in an accident in New York. You must also be a driver or passenger in the insured vehicle or a bicyclist or pedestrian struck by the vehicle. The injured party must also be treated in an accredited hospital or provider. Additionally you must have suffered an “serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. All of these injuries are serious and could have a negative impact on a victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due. A lawyer can assist 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 make a court filing on your behalf against the person who caused the accident. After a serious car accident, you may be facing huge medical expenses, lost wages and other expenses. No-fault insurance can pay for these and other expenses, so you should seek treatment following an accident, even though you feel fine. If you are unable return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It will also cover the majority of your out-of-pocket expenses such as the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must attend these appointments, as failure to attend could result in a retroactive denial of benefits. Purely comparative fault In a majority of car accident lawsuits plaintiffs are either completely or partially accountable for the crash. The law allows injured parties to be compensated according to their percentage of the fault. This is known as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which limits the amount of fault an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident rests on showing two things: negligence and causation. Negligence is the act of breaking a law, or acting with unreasonable negligence. Causation refers to how the negligence directly led to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, including medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses are emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative fault law, which means that the injured party can still claim compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at fault, they are barred from claiming damages. In this situation it is crucial to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful-death situation where the victim (or their heirs) have suffered mental or physical damages. However, the concept of comparative fault can be somewhat more complex in wrongful death claims. It is important to understand the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and several liability could be used in the event of multiple defendants. This is a system that splits the judgment amongst all defendants in the event that the jury determines that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the maximum compensation for your injuries. Insurance company tactics Car accidents are stressful enough, and the aftermath can be 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 think about whether they can afford rent and other expenses of daily living. They don't need to endure the stalling tactics used by insurance companies to convince them to accept low settlement offers. St. Paul injury attorneys is that the majority of insurance companies are focused on making money, and they do this by denial or reducing claims. Insurance agents will use every tactic possible to deny you the money you deserve. It is essential to find an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies' sly strategies. In order to save money, insurance companies will do whatever they can to delay or stall your claim. They also try to avoid responsibility by claiming that your injuries are not caused by the crash or do not require treatment. They may even argue that you have a prior medical issue that is responsible for the crash. In some cases the insurance adjuster might offer a settlement that appears reasonable. This is a typical scam that a lot of people are enticed by. In reality, this offer will be much lower than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not unusual for people to sustain injuries while driving another person's car or in their vehicle. The most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving happens when a driver is using an electronic device while driving to send or receive texts or phone calls or listen to music. Distracted driving can result in 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 You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties who may be accountable for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as operating an automobile in a manner that puts at risk the lives and safety of other drivers and people on foot or on bicycles. To convict someone, a policeman must show more than mere negligence or carelessness. This means that the police officer must show that the driver knew their actions were likely to cause an accident or put others at risk. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could cause an accident that is serious. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor and face a fine or jail time. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this type of offense could result in the addition of points to your driver's license, as well as hefty fines. This could cause driver's insurance rates to go up substantially. It is crucial to employ a New York reckless driving accident attorney to ensure that the driver is found guilty fairly. The laws governing reckless driving in New York are very strict and can result in severe penalties, including fines and imprisonment. The severity of a penalty is contingent on a variety of factors, such as the severity of an accident, as well as aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. A reckless driving accident lawyer who has experience can determine the causes of an accident and gather evidence to show your innocence. This could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.