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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. Although the majority of them are simply accidents that cause fender benders, a few can cause serious injuries. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident lawyer can help victims with their legal issues following a crash. They can help victims obtain compensation for medical expenses and lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket expenses. However, it is important to know what it means. In order to qualify 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 be a driver, passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a licensed medical professional. You must also have suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. All of these are serious and could have a negative impact on the victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. After a serious auto accident An attorney can assist you in a variety of ways. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also file a court case on your behalf against the person who caused the accident. In the aftermath of a serious crash, you may be facing huge medical bills, lost wages, and other expenses. These costs can be covered by no fault insurance, and you should seek medical attention immediately after a car accident, even if it feels as if you're in good shape. If you are unable to return to work, no-fault insurance will pay for 80 percent of your lost wages up to $2,000 per month. It also covers the majority of the cost you incur out-of-pocket, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. It is mandatory to attend, since failing to attend could result in retroactive denials of benefits. Purely faults that are comparable In a lot of car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law grants injured parties to recover damages based on their percentage of fault. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount that a claimant could be considered to have in order to keep them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In the case of a car crash the plaintiff's legal responsibility for the accident is contingent upon proving two things that are causation and negligence. Negligence is the act of breaking the law or acting with unreasonable carelessness. The causality is the way in which the negligence caused the injury. To prove legal responsibility the plaintiff has to demonstrate the economic loss that result from their injuries such as medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states with pure comparative fault laws, which means that injured parties are still able to seek compensation even if they are partially at the fault. If the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this situation it is essential to work with a knowledgeable attorney. Comparative fault applies to almost every personal injury or wrongful death case in which a victim (or the descendants of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in wrongful death cases. The concept of comparative blame is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will collaborate with insurance companies to ensure that you receive the maximum compensation for your injuries. Joint and several liability could also be a possibility if there are multiple defendants. This system splits the verdict among all defendants if the 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. Strategies of insurance companies Car accidents are stressful enough, and the aftermath can be more difficult. Victims of injuries are often faced with medical bills, lost income due to inability to go to work and physical pain. They also have to worry about whether they can afford rent and other daily expenses. They don't have to be subjected the stalling tactics used by insurance companies to get them to accept lower settlement offers. Insurance companies exist to make money. They do this by refusing or reduce your claims. Insurance agents will use every tactic possible to deny you the money you are entitled to. Albuquerque injury lawyer YouTube is why it is essential to work with an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will stand up to insurance companies and their devious tactics. In order to save money insurance companies will do everything they can to delay or stop your claim. They will also try and keep the blame off by claiming that your injuries aren't directly related to the crash or do not require treatment. They might even claim that your accident was caused by a previous medical condition. In some cases, the insurance adjuster will offer a settlement that appears reasonable. This is a common scam that a lot of people are enticed by. In reality, the price will be much lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to suffer injuries while driving another's vehicle or in their own vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses a device to send or receive text messages, make phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes include drunk driving, road conditions and weather. Reckless driving You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you investigate the crash to identify the parties accountable for your injuries and losses. They may 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 motorists or pedestrians and cyclists at risk. In order to convict someone of this crime, a police officer must prove more than negligence or recklessness. This means that the police officer must prove that the driver knew their actions could cause an accident or put others at risk. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If a driver is found driving recklessly, they might be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Incorrect driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this crime could result in the addition of points to your license, and hefty fines. This could lead to a driver's premiums going up significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is found guilty fairly. The laws governing reckless driving in New York are quite strict and can result in severe penalties, including fines and imprisonment. The severity of the penalty is contingent on several factors, including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended. An experienced reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence to demonstrate your innocence. This could include witness statements, phone records to check if the driver was distracted, photos and videos of the scene of the accident, official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.