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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. Boulder injury attorneys of these accidents can cause serious injuries even if they're only minor collisions. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident attorney can help victims with their legal issues after the crash. They can help them obtain the compensation they need for medical expenses and lost wages. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical costs, lost wages and other costs related to accidents. This has helped protect car accident victims against having to pay out-of-pocket expenses. However, it is important to understand what it means. To be eligible for No-Fault Insurance You must satisfy some requirements. First and foremost you must be injured in a motor vehicle accident that occurred within the state of New York. You must be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. The person who was injured must be treated in a hospital or by a certified provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are serious and can have a negative impact on the victim'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're due. A lawyer can help you with the legal process in a variety of ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also bring a lawsuit to court on your behalf against the driver responsible for the crash. You may have to pay astronomical medical costs along with lost wages, and other expenses following a serious car accident. These expenses are covered by no-fault insurance, and you should seek medical attention immediately following a collision, even if it feels as if you're in good shape. If you cannot return to work because of an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It can also cover many of your out-of-pocket costs, such as the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must be present at these appointments, because not attending could result in a retroactive denial 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 grants injured parties to recover damages according to their percentage of blame. This is called pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a person could be considered to have to prevent them from receiving financial compensation. Modified comparative fault states usually place the limit between 49 and 51 percent. In a car accident the plaintiff must prove two things to be legally accountable for the crash that is, negligence and causality. Negligence refers to breaking a law or committing an act with unreasonable carelessness. Causation refers to how the negligence directly contributed to the injury. To establish legal liability, the plaintiff must also show the economic losses caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is one of the states that have absolute comparative fault laws, which means that the injured party can still seek recovery in the event that they are partly at the fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they are exempt from any claim for damages. In this situation it is crucial to work with an experienced attorney. Comparative fault applies to almost every personal injury or wrongful death case where the victim (or the descendants of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault is slightly more complicated in the case of wrongful death claims. The principle of comparative fault is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Additionally, if you have several defendants in your case the concept of joint and multiple liability could be applicable. This is a method that splits the judgment amongst all defendants in the event that the jury finds that you are jointly and severally liable for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries. Strategies of insurance companies The aftermath of a car crash can be equally stressful. Victims of injuries are often faced with medical bills, loss of income due to being unable to go to work and physical pain. They also have to think about whether they can afford rent and other expenses that are part of their daily lives. They don't have to be subjected the strategies of stalling employed by an insurance company to get them to accept lower settlement offers. Insurance companies exist to earn money. They accomplish this by denial or cutting your claims. Insurance companies will employ any method to stop you from receiving 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 car accident victims. Our attorneys will take on insurance companies and their devious tactics. To save money, insurance companies will do whatever they can to delay or stop your claim. They will also try and keep the blame off by claiming that the injuries are not related to the accident or do not require treatment. They may even argue that you have a prior medical issue that is responsible for your crash. In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that many people fall to. This offer is lower than the amount you'll need to pay in order to cover medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to sustain injuries when driving a vehicle of another or in their vehicle. Some of the most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using devices to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help investigate the crash to identify the parties accountable for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that endangers the lives and safety of others on the road and pedestrians on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere carelessness or negligence. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger. In some instances, even a minor traffic offense can be viewed as a form of reckless driving in New York. Running a stop sign or red light could cause an accident that is serious. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor and could face a fine or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, as well as substantial fines. This could result in driver's insurance premiums increasing significantly. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and prison. The severity of the penalty depends on a variety of factors, including the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A seasoned reckless accident lawyer will know how to investigate the causes of a crash and gather evidence that will show your innocence. This evidence could include witness statements, phone records to check if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum compensation for your injuries.