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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular event in New York City. While most of them are collisions between cars, some may cause serious injuries. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal needs 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 an insurance no-fault state. This means that drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages, and other accident-related costs. While Redondo Beach injury attorney has helped protect car accident victims from being buried by out-of-pocket costs It is crucial to understand exactly what it means and does not mean. To be eligible to benefit from No-Fault insurance, it is necessary 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 injured person must be treated at a hospital or an authorized provider. Additionally, you must have suffered a “serious injury.” Serious injuries 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 serious injuries, and can have a profoundly negative impact on the life of the victim. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. A lawyer can help you with the legal process in many ways after a serious car accident. 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 astronomical medical expenses, lost wages and other expenses. No-fault insurance will pay for these, and you should always seek treatment following an accident, even though you feel well. If you are unable to return to work, no-fault insurance will cover 80 percent of your wages lost up to $2,000 per month. It can also cover many of your out of pocket costs, including the cost of household assistance. Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as the absence of this could result in denial of benefits retroactively. Purely comparative fault In many car accident cases plaintiffs may be liable in part or full for the accident. The law grants injured parties the right to recover damages according to their percentage of fault. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault that the claimant could be considered to have to exclude them from receiving financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things such as negligence and causation. Negligence is the act of breaking the law or committing a breach of the law with reckless negligence. Causation refers to the way in which the negligence directly led to the injury. To demonstrate legal responsibility, the plaintiff must also prove the economic damages resulted from their injuries, for example, medical bills, lost income, and travel expenses to appointments. Non-economic losses can include emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative-fault law. This means that those who are injured may still be able to claim compensation even if they are partially responsible. If the claimant is found to be more than 50 percent responsible, they are not able to claim damages. In this situation it is essential to work with an experienced attorney. Comparative fault can be applied to almost any personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in the case of wrongful death. It is important to understand the principle of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will help you determine the extent of your own contribution to the accident and will work with insurance companies to ensure that you get the most compensation you can for your injuries. Joint and multiple liability may also apply if there are multiple defendants. This is a system which splits the verdict among all defendants in the event that the jury determines that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the highest compensation possible for your injuries. Insurance company tactics Car accidents are stressful enough, and the aftermath can be more challenging. Victims of injuries often confront medical bills as well as a loss of income as a result of being in a position of no work in addition to their physical pain and emotional stress. They also have to think about how they will pay rent and other expenses that are part of their daily lives. The last thing they want is to be subjected the tactics of a stalling insurance company who is trying to get them accept a settlement offer that is low. The fact is, most insurance companies are focused on making money and do this by denying or reduction of claims. Insurance agents will employ every strategy to prevent you from receiving the amount you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will fight insurance companies' sneaky tactics. Insurance companies will do all they can to delay your claim or stall the process to save as much money as possible. They will also try to evade responsibilities by arguing that your injuries are not caused by the crash or they do not require treatment. They might even claim that your crash was caused by a previous medical condition. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common trick that a lot of people fall to. In reality, the price is significantly less than what you really need to pay for medical treatment and other damages. New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to get injured while driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses an electronic device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties who may be responsible for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as operating an automobile in a manner that endangers the lives and safety of other drivers and pedestrians on bicycles. To convict someone, a policeman must show more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger. In certain instances, even a minor traffic violation can be considered a form of reckless driving in New York. For instance driving through the red light or stopping sign could lead to an accident that is serious and cause injury. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor offense and face a fine or jail time. Incorrect driving can cause serious injuries to other cyclists, pedestrians, and motorists. Anyone who is found guilty of this crime will be subject to points added to their license and could face large fines. This could result in driver's insurance premiums increasing significantly. It is essential to find an attorney in New York who will ensure the driver is convicted 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 depends on a variety of factors including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence. A reckless driving accident attorney who has experience will be able to determine the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements and phone records to look for distracted driving, photos and videos of the scene of the crash, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum amount of compensation for your injuries.