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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 a common occurrence. Some of these accidents can cause serious injuries even if they're just minor collisions. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident lawyer can help victims with their legal needs after the crash. They can help them obtain compensation for their medical bills and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other accident-related expenses. While this has helped to protect car accident victims from being buried due to out-of-pocket costs but it is essential to know exactly what it means and does not mean. In order to qualify to benefit from No-Fault insurance, you have to meet certain criteria. In the first place you must be injured in a car accident that occurred within the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by a licensed medical professional. You must have also suffered “a 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 the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a variety 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-filed lawsuit on your behalf against the negligent driver responsible for the crash. Following a serious car crash you could be faced with huge medical bills, lost wages, and other costs. No-fault insurance is able to pay for these, and you should always seek treatment following an accident, even though you feel well. If you are unable to return work due to an injury, no fault insurance will pay up to $2,000 in lost wages per month. It can also cover many of your out of pocket costs, including the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. You must show up for these appointments, since failing to do so could result in a retroactive denial of benefits. Purely comparative fault In a lot of car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law allows injured parties to seek damages in proportion to the percentage of the blame that is attributable to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount a claimant may be deemed to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two elements to be legally accountable for the crash: negligence and causality. 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 in which the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses are emotional trauma as well as pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that the injured party can still claim compensation even if they are partially at fault. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this situation it is essential to consult with a seasoned attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault is a bit more complicated in wrongful death claims. It is essential to comprehend the concept of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In addition, if have multiple defendants in your case, the concept of joint and several liability could apply. This system divides the verdict between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries. Strategies of insurance companies The aftermath of a car crash can be just as stressful. Injured victims are often faced with medical bills, lost income due to being unable to work or suffer physical discomfort. They also have to worry about how they will pay rent and other expenses of daily living. They don't have to endure the strategies of stalling employed by an insurance company to convince them to accept low settlement offers. Insurance companies exist to make money. They do this by refusing or reducing your claims. Insurance representatives will use any tactic they can to prevent you from getting the amount you are entitled to. This is why it is essential to work with a New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will take on insurance companies and their devious tactics. In order to save money, insurance companies will do anything they can to delay or stall your claim. They may also attempt to avoid responsibility by arguing that the injuries aren't connected to the accident or do not require treatment. They could even argue that the crash was the result of a prior medical condition. In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a typical scam that many people are enticed by. In reality, this offer will be much lower than what you really need to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is not unusual for people to be injured while driving another's vehicle or in their vehicle. The most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses a device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents include drunk driving, road conditions and weather. Reckless driving If Akron injury lawsuits youtube.com '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 examine the crash to determine the parties liable for your injuries and losses. They may also file a claim or lawsuit against the driver to recover your 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 of this crime the police officer must prove more than carelessness or negligence. This means that the police officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger. In some cases even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance, running the red light or stopping sign could result in a serious accident and injury. If a driver is found driving recklessly, they might be found guilty of misdemeanors and be subject to fines or jail time. Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will have points added to their license and could face hefty fines. This could cause driver's insurance rates to go up significantly. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is held accountable fairly. The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a number of factors, such as the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license. A reckless driving accident lawyer with experience will be able to determine the causes of an accident and gather evidence to demonstrate your innocence. This could include witness statements, phone records to check if the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.