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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular incident in New York City. Although the majority of them are simply fender benders, some can cause serious injuries. The injured party must immediately contact 911 and seek medical attention. Baltimore injury attorneys can assist victims with their legal issues after an accident. They can help them obtain the compensation they need for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. This system has safeguarded the victims of car accidents from being burdened with out-of pocket expenses. However it is crucial to know what it means. In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by a certified medical professional. You must also have 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. All of these are serious and can have a negative impact on the victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. A lawyer can assist you with the legal process in many ways following a serious car accident. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the negligent driver who caused the accident. In the aftermath of a serious crash, you may be facing huge medical bills, lost wages and other expenses. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a car crash even if you feel like you are fine. 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 can also cover many of your out-of-pocket costs, including the cost of household assistance. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, since not attending could result in a retroactive denial of benefits. Pure faults that are comparable In a lot of car accident lawsuits plaintiffs are partly or totally accountable for the incident. The law allows injured parties to recover damages in proportion to their share of fault. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent. In a car accident, the plaintiff must prove two things in order to be legally responsible for the crash: negligence and causality. Negligence refers to breaking a law or committing an act with unreasonable carelessness. The cause of the accident is determined by the manner in which the negligence caused the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses caused by their injuries, like medical bills, lost income, and travel expenses for appointments. Non-economic losses can include emotional trauma, suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that the injured party could still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this case it is crucial to consult with a reputable attorney. Comparative fault applies to any personal injury or wrongful-death case in which the victim (or heirs) have suffered physical or mental damages. However the concept of comparative fault can be a bit more complicated in wrongful death cases. It is crucial to grasp the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident, and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Joint and multiple liability may be used in the event of multiple defendants. The system splits the verdict among all defendants when the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be equally stressful. The injured victims are often confronted with medical bills, loss of income due to being unable to work, and physical discomfort. They also have to worry about whether they can afford rent and other daily expenses. They don't have to be subjected the strategies of stalling employed by an insurance company to try and get them to accept lower settlement offers. The reality is that most insurance companies are in the business of making money and do it by denying or reduction of claims. Insurance agents will employ every tactic they can to prevent you from receiving the compensation you are entitled to. This is why it is crucial to find a New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' devious tactics. In order to save money, insurance companies will do everything they can to delay or stall your claim. They also try to avoid liability by arguing that the injuries are not connected to the accident or do not require treatment. They might even claim that you have a prior medical condition that is the reason for the crash. In certain cases the insurance adjuster might offer a settlement that seems reasonable. This is a classic method that many people are enticed by. In reality, the price will be much lower than the amount you will actually have to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is nevertheless common for people to become injured while driving or riding in a person's vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver is using an electronic device to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents are 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 driver accident lawyer can assist you in analyzing the accident to determine all parties that could be accountable for your injuries and damages. They may also bring a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of other motorists and people on foot or on bicycles. To find someone guilty, a policeman must show more than mere negligence or carelessness. This means that the officer must show that the driver was aware of their actions could 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 could cause serious accidents. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor and be subject to a fine or jail time. Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. If convicted of this offense will receive points added to their licenses and could face massive fines. This could lead to a driver's premiums going up significantly. It is important to hire 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 significant penalties, including fines and imprisonment. The severity of the penalty depends on a number of factors such as the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license. A reckless driving accident attorney who is experienced will know how investigate the causes of an accident and gather evidence to show your innocence. The evidence could include witness statements as well as phone records to look for distracted driving, photos and videos from the scene of the accident, official medical reports, and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest amount of compensation for your injuries.