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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. Some of these accidents can cause serious injuries, even if they are minor accidents. The injured parties should immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal needs after the crash. They can help victims obtain compensation for medical expenses and lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages, and other related costs to an accident. 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 is and what it does not mean. To be eligible to benefit from No-Fault insurance, you have to meet certain requirements. You must first and foremost have been injured in an accident in New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian who was struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. In addition you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely serious injuries, and can have a devastating negative impact on the victim's life. If Missouri City injury lawyer '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 help you with the legal process in many ways following a serious auto accident. They can provide you with legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They can also make a court-filed lawsuit on behalf of you against the driver responsible for the crash. You could be required to pay astronomical medical bills as well as lost wages, and other expenses following a serious car accident. No-fault insurance will pay for these 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 will also cover a lot of your out-of-pocket expenses, like the cost of household assistance. Insurance companies often try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, because not attending could result in an appeal to the benefits. Pure faults that are comparable In many cases of car accidents, the plaintiffs may be liable in part or full for the incident. The law allows injured parties to seek damages in proportion to the proportion of fault that can be assigned to them. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault, which caps the amount of fault that an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a car accident case the plaintiff's legal responsibility for the accident rests on showing two things that are causation and negligence. Negligence is the act of breaking a law or acting in reckless disregard. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal liability, plaintiffs must also show economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states that have absolute comparative fault laws, which means that the injured party are still able to seek compensation even in the event that they are partly at the fault. If the claimant is found more than 50 percent responsible, they are barred from claiming damages. In this case it is essential to work with an experienced attorney. Comparative fault is applicable to any personal injury or wrongful-death situation where the victim (or their heirs) have suffered mental or physical injuries. However the concept of comparative fault is a bit more complicated in the case of wrongful death claims. It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will assist you to determine the extent of your own responsibility for the accident, and work with insurance companies to ensure you receive the maximum compensation possible for your injuries. In addition, if you have multiple defendants in your case, the concept of joint and numerous liability may apply. This system divides the verdict between all defendants when a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation for your injuries. The tactics of the insurance company Car accidents are stressful enough, and the aftermath can be even more challenging. The victims of injuries typically must deal with medical bills and a loss of income as a result of being unable to work and suffer from physical pain and emotional distress. They also have to think about whether they can cover rent and other expenses of daily living. They don't need to be subjected the strategies of stalling employed by an insurance company to convince them to accept lower settlement offers. Insurance companies are in business to earn money. They do this by denying or reduce your claims. Insurance representatives will use any strategy to prevent you from receiving the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will fight insurance companies' sly tactics. Insurance companies will do everything in their power to delay your claim or slow the process to save as much money as possible. They will also try and avoid responsibility by arguing that the injuries aren't related to the accident or do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for your crash. In some instances, an insurance adjuster will determine an amount for settlement that seems reasonable. This is a common tactic that many people fall prey to. In reality, this offer will be significantly lower than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for drivers to be injured when driving a vehicle of another or in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving happens when a driver is using devices while driving to send or receive messages or phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes include drunk driving, road conditions and weather. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help examine the crash to determine all parties that could be responsible for your injuries and losses. They can 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 vehicle so that it puts other drivers or pedestrians and cyclists at risk. To convict a person of this crime an officer of the police force must show more than just carelessness or negligence. This means that the officer must prove that the driver knew their actions were likely to cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If the driver is found to be driving recklessly, they could be convicted of a misdemeanor and be subject to a fine or jail time. Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime could result in the addition of points to your license, as well as substantial fines. This could cause drivers' insurance rates to rise substantially. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is found guilty fairly. The laws regarding reckless driving in New York are very strict and can result in severe penalties, including fines and imprisonment. The severity of a penalty depends on a number of factors like the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license. A reckless driving accident lawyer who is experienced will be able to determine the causes of an accident and gather evidence to prove your innocence. This could include witness statements, cell phone records to check for distracted driving, photos and videos from the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to ensure you receive the maximum compensation for your injuries.