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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. Some of these accidents can cause serious injuries even if they're only minor collisions. The injured party should immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with their legal issues after a crash. They can assist in obtaining compensation for their medical bills 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. While this system has helped protect car accident victims from being buried by expenses out of pocket, it is important to know exactly what it means and does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain requirements. First and foremost, you must be injured in an accident in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The injured party must also be treated at an accredited hospital or provider. You must have also 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 could have a significant negative impact on the person's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you're due. A lawyer can help you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also make a court filing on behalf of you against the driver who caused the accident. Following a serious car crash you could face astronomical medical bills, lost wages and other expenses. No-fault insurance will cover these costs as well, and you should seek treatment following an accident, even if you feel fine. If you are unable to return work because of an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It can also cover a large portion of the cost you incur out-of-pocket such as the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. It is mandatory to attend, since failure to do so may result in denial of benefits retroactively. Pure faults that are comparable In many car accident cases plaintiffs may be liable in part or full for the accident. The law gives injured parties to be compensated according to their percentage of blame. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault a claimant can be deemed to have in order to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two things to be legally accountable for the accident: negligence and causality. Negligence refers to breaking the law or acting in reckless disregard. The causality is the manner that the negligence led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is one of the 13 states with absolute comparative fault laws, which means that the injured party can still seek recovery if they are partially at the fault. If the claimant is found more than 50 percent responsible, they are unable to claim damages. In this case it is essential to consult with a seasoned attorney. Comparative fault applies to any personal injury or wrongful-death situation where the victim (or the heirs) have suffered physical or mental damages. However, the concept of comparative fault is a bit more complicated in wrongful death cases. The concept of comparative blame is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and work with insurance companies to ensure that you receive the most compensation you can for your injuries. In addition, if have several defendants in your case the concept of joint and several liability could apply. This system divides the verdict among all defendants when the jury finds you 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 Car accidents can be stressful enough, but the aftermath can be even more challenging. Victims of injuries are often confronted with medical bills, lost income due to not being able to work, and physical pain. Rent and other costs of daily living are also a concern. They don't need to endure the strategies of stalling employed by insurance companies to get them to accept lower settlement offers. Insurance companies exist to earn money. They do this by denying or reduce 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 car accident victims. Our lawyers will fight insurance companies' sneaky tactics. In order to save money insurance companies will do whatever they can to delay or stop your claim. They may also attempt to keep the blame off by claiming that your injuries aren't connected to the accident or that they do not require treatment. They might even claim that your accident was the result of a prior medical condition. In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a typical scam that a lot of people are enticed by. Bethlehem injury lawsuits is lower than the amount you have to pay to cover your medical expenses and other damage. The law in New York requires all drivers to carry 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 a device to send or receive text messages, make phone calls or listens to music driving. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine the parties liable 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 a vehicle in a manner that endangers the lives and safety of other motorists and people on foot or on bicycles. In order to convict someone of this crime the police officer must show more than just carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could result in a serious accident. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor and could face a fine or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this offense could result in the addition of points to your driver's license, and hefty fines. This could lead to a driver's premiums going up substantially. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless-driving laws are extremely strict and could result in substantial penalties including fines and jail time. The severity of the penalty is contingent on several factors such as the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended. An attorney for reckless driving with experience will be able to determine the causes of an accident and gather evidence to show your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.