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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 immediately call 911 and seek medical attention. A New York car accident attorney can assist victims with their legal issues after the crash. They can help them obtain compensation 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 personal automobile insurance policies for medical expenses, 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, it is important to know what it is and what it does not mean. To qualify for No-Fault Insurance You must satisfy some requirements. First of all you must be injured in a motor vehicle accident that took place in the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated at a hospital or an authorized provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these injuries are severe and can have a negative impact on the life of a victim. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the driver who caused the accident. In the aftermath of a serious crash you could be faced with massive medical bills, lost wages, and other expenses. No-fault insurance will pay for these as well, and you should seek out treatment after an accident, even though you feel okay. If you are unable to return to work, no fault will cover 80% of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket costs, such as the cost of household assistance. Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failure to do so may result in denial of benefits retroactively. Purely comparative fault In many cases of car accidents, the plaintiffs may be partially or fully responsible for the incident. The law allows injured parties to seek damages according to the percentage of fault that can be assigned to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident rests on proving two things that are causation and negligence. Negligence is the act of breaking the law or acting with reckless carelessness. The causality is the manner in which the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that the injured party could still be able to seek compensation if they were partially at fault. However, if the claimant is found to be more than 50 percent at the fault, they will be barred from recovering any damages. In this situation it is crucial to work with a knowledgeable attorney. Comparative fault can be applied to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. 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 an action for compensation following an accident in New York. Your lawyer will work with insurance companies to secure the most compensation for your injuries. Joint and multiple liability may be used in the event of several defendants. The system splits the verdict between all defendants in the event that the 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. Tactics of the Insurance Company Car accidents are stressful enough, and the aftermath can be more difficult. The injured victims are often faced with medical bills, lost income due to not being able to work, and physical discomfort. Rent and other expenses are also a problem. The last thing they need is to be subjected to the stalling tactics of an insurance company that is trying to get them accept a low settlement offer. Cape Coral injury lawsuit is that most insurance companies are in the business of making money and do this by denying or reduction of claims. Insurance companies will employ every tactic possible to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their shady tactics. In order to save money insurance companies will do anything they can to delay or stall your claim. They will also try and avoid responsibility by arguing that the injuries aren't related to the accident or that they do not require treatment. They may even claim that your accident was the result of a prior medical condition. In certain cases an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a trick that many people fall to. In reality, the price is significantly less than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to become injured while driving or riding in a person's vehicle. The most frequent causes of accidents include reckless driving, distracted driving and speeding. Distracted driving is when a driver is using devices to send or receive text messages, makes phone calls or listens to music while driving. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify all parties who may be responsible for your injuries and losses. They can also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as the act of operating an automobile in a manner that poses a threat to the lives and safety of other motorists and people on foot or on bicycles. To convict someone the police officer must prove more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in serious accidents. If a driver is caught driving recklessly, they might be found guilty of misdemeanor charges and could face fines or even jail time. Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this offense could result in the addition of points to your license, and hefty fines. This can result in a driving's premiums rising significantly. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. The reckless driving laws in New York are very strict and could result in severe penalties that include fines and jail time. The severity of the penalty is contingent on a variety of factors such as the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer knows how to determine the cause of a collision and gather evidence to show your innocence. The evidence could include witness statements, cell phone records to check for distracted driving, images and videos taken at the scene of the accident and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.