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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. Although the majority of them are just accidents that cause fender benders, a few can result in serious injuries. The injured parties should immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal requirements following the crash. They can help victims get compensation for medical expenses as well as lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. While this system has protected car accident victims from being buried due to out-of-pocket costs It is crucial to understand exactly what it does and does not mean. To be eligible to benefit from No-Fault insurance, you must meet certain criteria. In the first place you must be injured in a vehicle accident that occurred within the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party must also be treated at a hospital or an authorized provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely severe injuries, and can have a profoundly negative impact on the person's life. A New York injury lawyer can assist you if been injured in a serious 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, conduct an in-depth investigation and bargain with the insurance company on your behalf. They can also bring a lawsuit to court on your behalf against the negligent driver who caused the accident. After a serious car accident you could be faced with massive medical expenses, lost wages and other expenses. No-fault insurance will help with these costs as well, and you should seek treatment after an accident, even if you feel fine. If you're unable to return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It can also cover many of your out of pocket costs, including the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. It is mandatory to attend, since failing to attend could result in retroactive denials of benefits. Pure comparative fault In many car accident lawsuits, the plaintiffs are either completely or partially responsible for the accident. The law gives injured parties to be compensated in proportion to their share of the fault. This is known as pure comparative negligence. Pure comparative fault is different 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 usually set the bar between 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 violation of the law or committing an act of negligence that is unreasonable. The causality is the manner that the negligence led to the injury. To establish legal liability 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, pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This means that the injured party could still be able to claim compensation even if they are partially at fault. If Concord injury attorneys is found more than 50% at fault, then they are barred from claiming damages. In this case it is essential to work with a knowledgeable attorney. Comparative fault is applicable to any personal injury or wrongful death instance where the victim (or the heirs) have suffered physical or mental damages. The concept of comparative fault is more complicated in cases of wrongful deaths. The concept of comparative blame is essential to be aware of when filing an action for compensation following an accident in New York. Your lawyer will help you determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you get the maximum compensation possible for your injuries. Joint and several liability can be used in the event of multiple defendants. The system splits the verdict between all defendants if a jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the highest compensation possible for your injuries. The tactics of the insurance company The aftermath of a car crash can be equally stressful. Victims of injuries often have to deal with medical bills as well as a loss of income due to being unable to work and suffer from physical pain and emotional distress. Rent and other expenses are also a major concern. They don't have to be subjected the strategies of stalling employed by insurance companies to try and get them to accept lower settlement offers. The reality is that most insurance companies are in the business of making money, and they do this by denial or reducing claims. Insurance companies will employ every method to deny you the money you deserve. This is why it is crucial to find an 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 car accident victims. Our lawyers will fight insurance companies' sneaky strategies. Insurance companies will do everything they can to delay your claim or stall the negotiations in order to save as much money as possible. They will also try to avoid accountability by arguing that your injuries aren't directly related to the crash, or they do not require treatment. They might even claim that you had a prior medical condition that is the reason for the crash. In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a typical trick that a lot of people are enticed by. In reality, the price will be significantly 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. It is not unusual for people to sustain injuries when driving a vehicle of another or in their own vehicle. The most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving occurs when a driver uses an electronic device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. 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 driver accident lawyer can assist in analyzing the crash to determine the parties that could be responsible for your injuries and the damages. They can 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 drivers or pedestrians and cyclists in danger. To find someone guilty the police officer has to prove more than just negligence or carelessness. This means that the police officer must show that the driver was aware that their actions could 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 a serious accident. If the driver is found to be driving recklessly, they could be found guilty of a misdemeanor and face either a fine or jail sentence. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. Those who are convicted of this crime will be subject to points added to their license and could face massive fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of the penalty depends on several factors, including the severity of the accident and whether there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. An experienced reckless accident lawyer will know how to find out the causes of a crash and gather evidence to prove your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to secure the highest compensation for your injuries.