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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. While most of them are just collisions between cars, some may result in serious injuries. Injured parties should call 911 and seek medical attention as soon as possible. A New York car accident lawyer can help victims with their legal needs following an accident. 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 all drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other costs related to accidents. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is crucial to know what it means. To qualify for No-Fault Insurance, you must meet a few criteria. In the first place you must have been injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the insured vehicle or a cyclist or pedestrian who was struck by the vehicle. The person injured must be treated in an accredited hospital or provider. Additionally, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries that could have a significant negative impact on the life of the victim. A New York injury lawyer can help you if you have been injured in a serious New York car accident. Following a serious car accident, a lawyer can assist you in a number of ways. They can help you understand your legal options, conduct 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 crash. You could be required to pay astronomical medical costs as well as loss of wages, and other costs after a serious auto accident. No-fault insurance will pay for these as well, and you should seek treatment following an accident, even though you feel well. If you are unable to return to work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It also covers a number of your out-of-pocket expenses, like the cost of household assistance. Layton injury attorney schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. You must be present at these appointments, as not attending could result in a retroactive denial of benefits. Pure faults that are comparable In many cases of car accidents the plaintiffs could be held to be fully or partially responsible for the accident. The law allows injured parties to recover damages according to the proportion of the blame that is attributable to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a person could be found to have in order to keep them from receiving 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 crash depends on showing two things that are causation and negligence. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. Causation is the process by which the negligence directly caused the injury. To establish legal liability, plaintiffs must also show economic losses, including medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured may still be able to claim compensation even if they were partially at fault. If the claimant is found more than 50 percent responsible, they are barred from claiming damages. In this case, it is important to consult with a seasoned attorney. Comparative fault applies to any personal injury or wrongful-death situation where the victim (or heirs) have suffered mental or physical damages. However the concept of comparative fault is slightly more complicated in wrongful death claims. It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will work with the insurance companies to get you the maximum amount of compensation for your injuries. Joint and several liability could also be a possibility if there are several defendants. This system splits the verdict between all defendants if the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Insurance company tactics The aftermath of a car crash can be equally stressful. Victims of injuries are often confronted with medical bills, lost income due to being unable to work, and physical pain. Rent and other daily expenses are also a problem. The last thing they need is to be sucked into the stalling tactics of an insurance company who is trying to convince them to accept a low settlement offer. Insurance companies are in business to make money. They do this by denying or reducing your claims. Insurance companies will employ every trick to deny you the compensation you are entitled to. This is why it is so important to hire a New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will fight insurance companies' sly strategies. Insurance companies will do all they can to delay your claim or stop the process to save as much as possible. They will also try and avoid responsibility by arguing that the injuries aren't connected to the accident or do not require treatment. They could even argue that your accident was the result of a prior medical condition. In certain cases, the insurance adjuster will offer a settlement that seems reasonable. This is a classic scam that a lot of people fall for. This offer is much lower than the amount you'll need to pay in order to cover your medical expenses and other damages. New York law requires that all drivers carry no-fault coverage. It is not unusual for people to sustain injuries when driving a vehicle of another or in their vehicle. The most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses a device to send or receive text messages, make phone calls or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine the parties that could be responsible for your injuries and the damages. They can also initiate a lawsuit or claim against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or pedestrians and cyclists in danger. To convict someone of this crime the police officer must prove more than negligence or carelessness. This means that the officer must show that the driver was aware of their actions were likely to cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light can result in a serious accident. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and could face fines or even jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this offense can result in the addition of points to your license and hefty fines. This could cause driver's insurance rates to rise substantially. 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 very strict and can result in substantial penalties including fines and jail time. The severity of the penalty depends on a variety of factors including the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license. An experienced reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to prove your innocence. This evidence might include witness statements, cell phone records to check for distracted driving, images and videos from the scene of the crash and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.