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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. While the majority of them are simply fender benders, some can cause serious injuries. Injured parties should call 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal issues following the crash. They can assist them in obtaining compensation for their medical bills 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 expenses, lost wages, and other related costs to an accident. While this system has helped protect car accident victims from being buried due to out-of-pocket costs It is crucial to understand exactly 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 in the insured vehicle. The injured person must be treated in a hospital or an authorized provider. Additionally you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. All of these are serious and could have a negative impact on the victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you deserve. A lawyer can help you with the legal process in numerous ways following a serious car accident. They can explain your legal options, conduct an extensive investigation and bargain with the insurance company on your behalf. Birmingham injury lawyer You Tube may also file a lawsuit in court on behalf of you against the driver who caused the accident. In the aftermath of a serious crash you could be faced with huge medical bills, lost wages and other costs. No-fault insurance can cover these costs and other expenses, so you should seek treatment after an accident, even if you feel okay. If you are unable return to work, no-fault insurance will pay for 80 percent of your wages lost up to $2,000 per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance. 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 denial of benefits retroactively. Pure comparative fault In many car accident lawsuits plaintiffs are either completely or partially responsible for the accident. The law permits injured parties to recover damages according to the proportion of fault that can be given to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which limits the amount of fault an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally accountable for the accident: negligence and causality. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly caused the injury. To demonstrate legal responsibility, the plaintiff must also show the economic losses that result from their injuries such as medical bills, lost income and travel costs to appointments. Non-economic losses can include emotional trauma, suffering and pain. New York is among the 13 states with a pure comparative fault law, which means that the injured party may still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this situation it is crucial to work with a skilled attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault can be somewhat more complex in the case of wrongful death claims. The concept of comparative fault is crucial to know when making claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident, and work with insurance companies to ensure that you get the most compensation you can for your injuries. In addition, if have several defendants in your case the concept of joint and several liability may apply. This is a system that divides the judgment between all the defendants if the jury finds that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the most amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be just as stressful. Victims of injuries often must deal with medical bills as well as a loss of income as a result of being unable to work and suffer from physical pain and emotional stress. They also have to think about how they will pay rent and other daily expenses. They don't have to be subjected to the delay tactics employed by insurance companies to convince them to accept low settlement offers. The reality is that most insurance companies are focused on making money, and they do this by denying or reduction of claims. Insurance agents will use every tactic possible to deny you the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will fight insurance companies and their devious tactics. Insurance companies will do all they can to delay your claim or stall the process to save as much as possible. They may also attempt to avoid responsibility by claiming that your injuries are not related to the crash or they do not require treatment. They might even claim that your accident was caused by an earlier medical condition. In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a classic trick that many people fall for. This offer is much lower than the amount you'll have to pay to cover your medical expenses and other damages. New York law requires that every driver have no-fault insurance. It is nevertheless common for people to be injured while driving or riding in another person's vehicle. The most frequent causes of accidents are 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 while behind the wheel. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine all parties that could be responsible for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover 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 other drivers and people on foot or on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or put others in danger. In certain instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. Running a stop sign or red light can result in an accident that is serious. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor and face either a fine or jail sentence. Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. If convicted of this offense will have points added to their licenses and may be subject to massive fines. This could cause driver's insurance rates to rise substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are very strict and can result in severe penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors, such as the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. A reckless driving accident attorney with experience will be able to determine the cause of an accident and gather evidence to prove your innocence. The evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.