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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. Although the majority of them are just fender benders, some can cause serious injuries. Provo injury lawsuit injured party must immediately call 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal issues after the crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other related expenses. This system has safeguarded the victims of car accidents from being weighed down by out-of-pocket costs. However it is essential that you understand 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 a vehicle accident that occurred within the state of New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a licensed medical professional. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries, and can have a devastating 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 assist you in obtaining the compensation that you deserve. After a serious auto accident A lawyer can help you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and engage with the insurance company on your behalf. They can also initiate a court action on behalf of you against the driver who caused the accident. Following a serious car crash, you may be facing astronomical medical bills, lost wages, and other expenses. These expenses are paid for by no-fault insurance and you should seek treatment immediately following a car crash, even if it feels as if you're in good shape. If you are unable to return to work because of 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 costs, including 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. Purely faults that are comparable In a lot of car accident cases plaintiffs may be liable in part or full for the accident. The law allows injured parties to seek damages in proportion to the proportion of blame that can be attributable to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount a person could be found to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the crash depends on showing two things that are causation and negligence. Negligence refers to breaking the law or acting with reckless carelessness. The causality is the way the negligence caused the injury. To establish legal liability, the plaintiff must also prove the economic damages that result from their injuries for example, medical bills, lost income, and travel expenses to appointments. Non-economic losses are emotional trauma as well as pain and suffering. New York is among the 13 states with a pure comparative fault law, which means that the injured party could still be able to seek compensation if they were partially at fault. If the claimant is found more than 50 percent at fault, they are barred from claiming damages. In this case it is crucial to consult a knowledgeable attorney. Comparative fault is applicable to any personal injury or wrongful-death instance in which the victim (or their heirs) have suffered physical or mental damages. The concept of comparative blame is more complex in wrongful death cases. The concept of comparative blame is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will help you determine the severity of your own responsibility for the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries. Joint and several liability can also apply if there are multiple defendants. The system splits the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the highest amount of compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be equally stressful. Victims of injuries are often confronted with medical bills, lost income due to not being able to work or suffer physical discomfort. They also have to worry about whether they can afford rent and other expenses that are part of their daily lives. The last thing they need is to be sucked into the tactics of an insurance company trying to get them to accept a low settlement offer. The truth is that the majority of insurance companies are focused on making money and do it by denying or cutting claims. Insurance companies will employ every tactic possible to deny you the compensation you deserve. This is why it's essential to work with a New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their shady tactics. Insurance companies will do all they can to delay your claim or stop negotiations to save as much money as possible. They also try to avoid responsibility by claiming that your injuries aren't related to the crash or they do not require treatment. They may even claim that the accident was caused by a previous medical condition. In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a trick that a lot of people fall to. This offer is much lower than the amount you'll have to pay to cover medical expenses and other damages. New York law requires that all drivers have no-fault insurance. It is not unusual for people to be injured when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving happens when a driver is using devices to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather. Reckless driving If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify all parties who may be liable for your injuries and losses. They could also initiate a lawsuit or claim against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists at risk. To convict someone of this crime an officer of the police force must show more than just carelessness or negligence. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For example driving at an intersection with a stop sign could cause serious injuries and accidents. If a driver is found driving recklessly, he or she may be convicted of misdemeanors and be subject to fines or jail time. Unsuspecting driving can cause serious injuries to pedestrians, drivers and bicyclists. If convicted of this offense will receive points added to their licenses and could be subject to massive fines. This could result in driver's premiums going up substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. The reckless driving laws in New York are very strict and could lead to substantial penalties that include fines and jail time. The severity of the penalty depends on a variety of factors like the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident lawyer with experience will know how investigate the causes of an accident and gather evidence to prove your innocence. This evidence might include witness statements and phone records to look for distracted driving, photographs and videos of the scene of the accident and official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to secure the highest amount of compensation for your injuries.