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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 frequent. Although the majority of them are simply collisions between cars, some may result in serious injuries. The injured party must immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with their legal issues after the crash. They can help victims obtain compensation for medical bills and lost income. 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 incident-related expenses. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket costs. However, it is important that you understand what it means. 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 driver, a passenger or pedestrian in the insured 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 lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries that can have a devastating negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. After a serious auto accident A lawyer can help you in a number of ways. 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 driver who caused the crash. After a serious car accident, you may be facing astronomical medical expenses, lost wages and other costs. No-fault insurance is able to pay for these, and you should always seek out treatment after an accident, even if you feel okay. If you're unable to return to work, no fault will cover 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 attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, as not attending could result in an appeal to the benefits. Pure faults that are comparable In a lot of car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law permits the injured party to claim damages based on the percentage of the blame that is assigned to them. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the crash depends on proving two things: negligence and causation. Negligence is the act of breaking the law or acting with reckless carelessness. The causality is the manner the negligence caused the injury. To prove legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This means that the injured party may still be able to claim compensation even if they were partially responsible. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this instance it is crucial to work with an experienced attorney. Comparative fault can be applied to any personal injury or wrongful death situation in which the victim (or their heirs) have suffered physical or mental damages. However, the concept of comparative fault can be a bit more complicated in wrongful death cases. The concept of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will work with insurance companies to get you the maximum amount of compensation for your injuries. Joint and several liability could be used in the event of multiple defendants. This system splits the verdict between all defendants if the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Strategies of insurance companies The aftermath of a car crash can be equally stressful. The injured victims are often confronted with medical bills, lost income due to not being able to go to work and physical pain. They also have to worry about how they will pay rent and other daily expenses. The last thing they need is to be subjected the stalling tactics of an insurance company trying to convince them to accept a low settlement offer. The fact is, most insurance companies are focused on making money and do it by denying or reduction of claims. Insurance agents will employ every tactic they can to prevent you from obtaining the amount you deserve. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious strategies. Insurance companies will do all they can to delay your claim or stop negotiations to save as much money as possible. They will also try and avoid responsibility by arguing that your injuries aren't directly related to the crash or do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for your crash. In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall prey to. In reality, the price is significantly less than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to become injured when driving or riding in another person's vehicle. Some of the most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving is when a driver is using a device to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine all parties that could be accountable for your injuries and damage. They may also make a claim or a lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that poses a threat to the lives and safety of other motorists and pedestrians on bicycles. In order to convict someone of this crime, a police officer must show more than just negligence or recklessness. This means that the police officer must prove that the driver knew their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For example driving through the red light or stopping sign could result in a serious accident and injury. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor offense and face an indictment or a fine. Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. If convicted of this offense will have points added to their license and could face massive fines. This could lead to a driving's premiums rising significantly. It's important to hire an New York reckless driving accident attorney who will ensure the driver is convicted in a fair manner. New York's reckless-driving laws are very strict and can result in severe penalties, including fines and jail time. The severity of the punishment depends on a number of factors such as the severity of the crash and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license. An attorney for reckless driving who has experience will be able to determine the cause of an accident and gather evidence to show your innocence. Cape Coral injury attorneys YouTube could include witness statements as well as phone records to look for distracted driving, photos and videos of the scene of the crash and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.