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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. Although the majority of them are just fender benders, some can result in serious injuries. The injured party should call 911 and seek medical attention right away. A New York car accident attorney can assist victims with their legal issues after a crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. While this has helped to protect car accident victims from being buried by expenses out of pocket but it is essential to understand exactly what it does and does not mean. To be eligible for No-Fault Insurance, you must meet a few criteria. First and foremost, you must have been injured in an accident in New York. You must be a driver or passenger in the vehicle insured, or a cyclist or pedestrian who was struck by the vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. In addition, you must have suffered an “serious injury.” Costa Mesa injury lawsuits are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries, and could have a significant negative impact on the person's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. A lawyer can help you with the legal process in numerous ways after a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also make a court filing on behalf of you against the driver who caused the crash. After a serious car accident, you may be facing massive medical bills, lost wages and other costs. No-fault insurance will pay for these and other expenses, so you should seek out treatment after an accident, even though you feel well. If you are unable return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It also covers the majority of your out-of-pocket expenses, including the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. Attendance is mandatory, as failing to attend could result in retroactive denials of benefits. Pure faults of a comparative nature In many car accident cases plaintiffs may be liable in part or full for the incident. The law allows injured parties to receive damages according to their percentage of blame. This is known as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount a person could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent. In a car accident, the plaintiff must prove two things to be legally responsible for the accident the other being negligence and causality. Negligence is the act of breaking a law, or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility the plaintiff must prove the economic damages caused by their injuries, for example, medical bills, lost income, and travel costs to appointments. Non-economic losses are emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured may still be able to seek compensation if they were partially responsible. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this instance it is crucial to consult with a reputable lawyer. Comparative fault can be applied to almost every personal injury or wrongful death case where the victim (or the descendants of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault is somewhat more complex in the case of wrongful death claims. The principle of comparative fault is very important to understand when making an action for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum amount of compensation for your injuries. In addition, if have several defendants in your case, the concept of joint and multiple liability may apply. This system divides the verdict among all defendants when the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure you receive the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, but the aftermath can be more difficult. The injured victims are often confronted with medical bills, lost income due to inability to go to work and physical discomfort. They also have to worry about how they will pay rent and other daily expenses. They don't need to endure the strategies of stalling employed by an insurance company to convince them to accept lower settlement offers. Insurance companies exist to earn money. They do this by refusing or cutting your claims. Insurance agents will employ every method to stop you from obtaining the amount you deserve. It is important to hire 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 the victims of car accidents. Our lawyers will take on insurance companies' sly strategies. Insurance companies will do everything in their power to delay your claim or slow the process to save as much money as possible. They also try to avoid responsibility by claiming that your injuries are not related to the crash or they do not require treatment. They may even claim that the crash was caused by a previous medical condition. In certain cases an insurance adjuster may determine a settlement amount that seems reasonable. This is a common trick that a lot of people fall to. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to be injured while driving or riding in another's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving is when a driver is using devices to send or receive text messages, make phone calls, or listens to music driving. Distracted driving could result in 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 to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties that could be accountable 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 car in a way that it puts other drivers or pedestrians and cyclists in danger. To convict someone, a policeman must show more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger. In some instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. For example driving at a red light or stop sign could lead to serious injuries and accidents. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor crime and could face an indictment or a fine. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense could result in the addition of points to your driver's license, as well as substantial fines. This can result in a driving's premiums rising significantly. It is essential to find a New York reckless driving accident attorney who will ensure the driver is held accountable in a fair manner. The reckless driving laws in New York are extremely strict and could result in substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of factors like the severity of the accident, as well as aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer will know how to find out the cause of a collision and gather evidence to prove your innocence. The evidence could include witness statements and cellphone records to look for distracted driving, photos and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.