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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. While most of them are just accidents that cause fender benders, a few can cause serious injuries. Injured parties should call 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal requirements after a crash. They can assist in obtaining compensation for their medical bills 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 automatically by their automobile insurance policies. This includes medical expenses, lost wages and other related costs to an accident. This has helped protect car accident victims against being weighed down by out-of-pocket costs. However, it is important to understand what it means. To be Denton injury attorneys YouTube for No-Fault Insurance You must satisfy some requirements. First and foremost, you must be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. In addition you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely serious injuries that can have a devastating negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a major New York car accident. A lawyer can assist with the legal process in many ways following a serious auto accident. They can provide you with legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They can also initiate a court action on your behalf against the person who caused the accident. There is a chance that you will have to pay astronomical medical costs, lost wages and other expenses after a serious auto accident. These costs can be covered by no-fault insurance, and you should seek medical attention immediately following a collision even if it seems like you are fine. If you're unable to return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It also covers a large portion of your out-of-pocket costs which includes the cost of household assistance. Insurance companies often try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failure to do so may result in denial of benefits retroactively. Purely faults that are comparable In a lot of car accident lawsuits, the plaintiffs are partially or completely accountable for the crash. The law allows the injured party to claim damages in proportion to the percentage of the blame that is assigned to them. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a person could be found to have to prevent them from receiving financial compensation. Modified comparative fault states usually place 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 accident that is, negligence and causality. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. The causality is the way in which the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, such as medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that injured parties may still be able to claim compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at fault, they are unable to claim damages. In this case it is crucial to consult with a reputable attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered physical or emotional damages. However the concept of comparative fault can be a bit more complicated in wrongful death cases. It is important to understand the concept of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you get the most compensation you can for your injuries. Joint and several liability can be used in the event of several defendants. This is a method that splits the judgment amongst all the defendants if the jury decides that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be as stressful. The injured victims are often faced with medical bills, lost income due to inability to work or suffer physical pain. Rent and other costs of daily living are also a major concern. The last thing they need is to be subjected to the tactics of a stalling insurance company that is trying to get them accept a low settlement offer. The truth is that the majority of insurance companies are focused on making money and they do this by denying or reducing claims. Insurance agents will use every method to deny you the money you are entitled to. It is crucial to employ an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies and their sneaky tactics. Insurance companies will do everything they can to delay your claim or stop negotiations to save as much as possible. They may also attempt to avoid responsibility by claiming that your injuries are not related to the crash or that they don't require treatment. They may even argue that you had a prior medical condition that is to blame for your crash. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common trick that many people fall for. This offer is much lower than the amount you must pay to cover medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance. It is not unusual for people to sustain injuries when driving a vehicle of another or riding in their vehicle. The most frequent causes of accidents include distracted driving, reckless 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 driving. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine who might be accountable for your injuries and damages. They can also make a claim or a lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that poses a threat to the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer must prove more than just negligence or carelessness. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For instance driving at a red light or stop sign could result in a serious accident and injury. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanors and be subject to fines or jail time. Reckless driving can cause severe injuries to other drivers, pedestrians and bicyclists. A conviction for this type of offense could result in the addition of points to your license as well as substantial fines. This can cause a driver's insurance rates to increase significantly. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis. The laws governing reckless driving in New York are extremely strict and could lead to substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of factors, such as the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. An attorney for reckless driving who is experienced will be able to determine the cause of an accident and gather evidence to prove your innocence. This could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.