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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 as soon as possible. A New York car accident lawyer can assist victims with their legal needs following the crash. They can assist in obtaining the compensation they need for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other incident-related expenses. While this system has helped protect car accident victims from being buried due to out-of-pocket costs, it is important to know exactly what it is and what it does not mean. To be eligible for No-Fault insurance, you must meet some requirements. In the first place, you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian struck by the vehicle. The person injured must be treated in a hospital or by a certified provider. You must also have suffered “a 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 serious and can have a negative impact on the life of a victim. 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 you with the legal process in many ways after a serious car accident. They can assist you in understanding 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 driver who caused the crash. Following a serious car crash, you may be facing astronomical medical bills, lost wages, and other costs. These expenses are paid for by no-fault insurance and you should seek medical attention immediately following a car crash even if it seems like you're fine. If you are unable to return to work, no fault will pay 80% of your lost wages up to $2,000 per month. It will also cover an important portion of your out-of-pocket expenses such as the cost of household help. Insurance companies frequently try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that the absence of this could result in retroactive denials of benefits. Purely faults of a comparative nature In a lot of car accident lawsuits, plaintiffs are partly or totally responsible for the accident. The law gives injured parties to be compensated based on their percentage of blame. This is referred to as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which caps the amount of fault the claimant could be considered to have to exclude them from receiving financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent. In the case of a car crash the plaintiff's legal liability for the accident rests on proving two things such as negligence and causation. Negligence is the act of breaking a law or committing an act with reckless carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income or travel expenses resulting from their injuries. Other non-economic losses include emotional trauma, pain and suffering. New York is one of the 13 states that have absolute comparative fault laws, which means that those who have suffered are still able to seek compensation even if they are partially at fault. If the claimant is found more than 50 percent at fault, they are unable to claim damages. In this situation it is essential to work with an experienced attorney. Comparative fault is applicable to any personal injury or wrongful death situation in which the victim (or the heirs) have suffered mental or physical injuries. The concept of comparative blame is more complicated in the case of wrongful death. The concept of comparative blame is very important to understand when making claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your own responsibility for the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries. In addition, if you have multiple defendants in your case, the concept of joint and multiple liability could apply. This is a method which splits the verdict among all defendants in the event that the jury decides that you are jointly and multiplely responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. The tactics of the insurance company Car accidents are stressful enough, and the aftermath can be more difficult. Victims of injuries are often faced with medical bills, loss of income due to not being able to work or suffer physical pain. They also have to think about whether they can afford rent and other expenses that are part of their daily lives. They don't need to endure the strategies of stalling employed by an insurance company to get them to take low settlement offers. Insurance companies are in business to earn money. They do this by denying or reducing your claims. Insurance companies will employ every method to deny you the money you deserve. This is why it's crucial to find an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Dothan injury lawyer will fight insurance companies and their sneaky tactics. In order to save money insurance companies will do anything they can to delay or stop your claim. They also try to evade responsibilities by arguing that your injuries are not directly related to the crash, or that they don't require treatment. They may even claim that your accident was caused by a previous medical condition. In certain cases an insurance adjuster might come up with a settlement amount that seems reasonable. This is a common tactic that a lot of people fall to. In reality, the price will be much lower than what you actually need to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. However, it is common for people to become injured while driving or riding in another person's vehicle. The most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using a device to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents are drunk driving, road conditions and weather. 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 investigate the crash to identify the parties accountable for your injuries and losses. They may 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 car in a way that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone of this crime the police officer must demonstrate more than mere negligence or recklessness. 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 considered reckless driving in New York. For instance, running the red light or stopping sign could cause serious injuries and accidents. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor crime and be subject to an indictment or a fine. Incorrect driving can cause serious injuries to pedestrians, bicyclists, and motorists. If convicted of this offense will receive points added to their license and may be subject to large fines. This could lead to a driver's insurance premiums increasing significantly. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis. The laws governing reckless driving in New York are quite strict and can result in substantial penalties that include fines and jail time. The severity of the penalty is contingent on a variety of factors, including the severity of the crash and whether there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. An attorney for reckless driving who is experienced can determine the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements, cellphone records to look for distracted driving, images and videos of the scene of the crash as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.