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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. The injured party should immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal issues after an accident. They can help victims get compensation for medical expenses and lost income. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical costs, lost wages and other accident-related costs. This system has safeguarded 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. To be eligible for No-Fault insurance you must satisfy a few criteria. First and foremost, you must have been injured in an accident that occurred in New York. You must also be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian hit by the vehicle. The person injured must be treated at an accredited hospital or provider. In addition you must have suffered an “serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. All of these injuries are serious and can have a negative impact on the life of a victim. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. In Kenosha injury lawyer of a serious auto crash An attorney can assist you in a variety of ways. They can provide you with legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. They can also file a court case on behalf of you against the driver who caused the accident. You could be required to pay astronomical medical bills along with lost wages, and other expenses following a serious car accident. No-fault insurance can help with these costs, and you should always seek out treatment after a crash, even if you feel okay. If you are unable to return to work because of an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It also covers a number 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). You must be present at these appointments, because not attending could result in a retroactive denial of benefits. Pure faults that are comparable In many car accident cases the plaintiffs could be liable in part or full for the accident. The law grants injured parties to receive damages based on their percentage of fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount a claimant could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In the case of a car crash the plaintiff's legal responsibility for the accident rests on demonstrating two things such as negligence and causation. Negligence is the violation of the law or acting with unreasonable negligence. The cause of the accident is determined by the manner in which the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states that have pure comparative fault laws, which means that the injured party are still able to seek compensation even in the event that they are partly at fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be exempt from any claim for damages. In this instance it is crucial to work with a skilled attorney. Comparative fault can be applied to almost every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault can be a bit more complicated in wrongful death claims. The principle of comparative fault is crucial to know when making an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident, and work with insurance companies to ensure that you get the most compensation you can for your injuries. Additionally, if you have multiple defendants in your case, the concept of joint and several liability could apply. This is a method that divides the judgment between all defendants in the event that the jury decides that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be as stressful. Injured victims often must deal with medical expenses and loss of income due to being unable to work, not to mention their physical pain and emotional distress. They also have to think about whether they can cover rent and other daily expenses. The last thing they need is to be subjected the stalling tactics of an insurance company who is trying to get them to accept a settlement offer that is low. Insurance companies are in business to make money. They do this by refusing or reduce your claims. Insurance agents will use every trick to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to even 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 fight insurance companies' sneaky strategies. To save money, insurance companies will do anything they can to delay or derail your claim. They may also attempt to avoid responsibility by arguing that the injuries aren't connected to the accident or do not require treatment. They might even claim that you have a prior medical issue that is responsible for your crash. In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a trick that many people fall prey to. In reality, the price will be significantly lower than the amount you will actually have to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is not uncommon for people to get injured while driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver uses a device to send or receive text messages, makes phone calls or listens to music while behind the wheel. 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 when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine the parties that may be accountable for your injuries and damages. They may also make a claim or a lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that endangers the lives and safety of other drivers and pedestrians on bicycles. To convict someone the police officer must prove more than mere 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. Even minor traffic violations can be deemed reckless driving in New York. For instance driving at a red light or stop sign could lead to serious injuries and accidents. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor and be subject to an indictment or a fine. Incorrect driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this offense can result in the addition of points to your license, as well as hefty fines. This could lead to a driving's premiums rising significantly. It's important to hire a New York reckless driving accident attorney to ensure that the driver is found guilty in a fair manner. New York's reckless-driving laws are extremely strict and could result in substantial penalties including fines and prison. The severity of the penalty depends on a variety of factors, including the severity of the crash and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A seasoned reckless accident lawyer will know how to determine the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements and cellphone records to look for distracted driving, photographs and videos of the scene of the crash, official medical reports, and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.