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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 a common occurrence. Although the majority of them are simply fender benders, some can result in serious injuries. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal issues following the crash. They can assist 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 own automobile insurance policies for medical, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried due to expenses out of pocket but it is essential to understand exactly what it means and does not mean. To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain criteria. You must first and foremost have been injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by an authorized provider. Additionally you must have suffered an “serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries that could have a significant negative impact on the person's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. A lawyer can assist with the legal process in a variety of ways after a serious car accident. They can assist you in understanding 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 driver who caused the accident. There is a chance that you will have to pay for astronomical medical expenses, lost wages and other expenses following a serious accident. No-fault insurance can cover these costs and other expenses, so you should seek treatment following an accident, even if you feel okay. If you are unable to return to work, no fault will pay for 80 percent of your lost wages up to $2,000 per month. It can also cover many of your out of pocket costs, including the cost of household assistance. Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since failure to do so may result in retroactive denials of benefits. Pure faults that are comparable In a lot of car accident cases the plaintiffs could be liable in part or full for the incident. The law grants injured parties the right to recover damages according to their percentage of fault. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault, which caps the amount of fault a claimant can be deemed to have to disqualify them from financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent. In New Bedford injury lawsuit must prove two elements to be legally accountable for the crash that is, negligence and causality. Negligence refers to breaking the law or acting with reckless carelessness. The causality is the manner that the negligence led to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, like medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law, which means that those who are injured can still claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this case it is essential to consult a knowledgeable attorney. Comparative fault applies to any personal injury or wrongful death situation where the victim (or heirs) have suffered physical or mental damages. However the concept of comparative fault can be slightly more complicated in the case of wrongful death claims. It is crucial to grasp the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries. Additionally, if you have multiple defendants in your case the concept of joint and numerous liability may apply. This system splits the verdict between all defendants if a jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest compensation for your injuries. The tactics of the insurance company Car accidents are stressful enough, but the aftermath can be even more difficult. Victims of injuries are often confronted with medical bills, loss of 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 be subjected the delay tactics employed by an insurance company to get them to accept lower settlement offers. The truth is that the majority of insurance companies are in the business of making money and they do this by denial or reducing claims. Insurance companies will employ any tactic they can to prevent you from receiving the amount you deserve. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly tactics. Insurance companies will do everything in their power to delay your claim or stop the process to save as much money as possible. 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 the accident was the result of a prior medical condition. In certain cases the insurance adjuster might offer a settlement that appears reasonable. This is a typical scam that a lot of people are enticed by. In reality, this offer will be much lower than what you really need to pay for your medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is nevertheless common for people to get injured when driving or riding in another's vehicle. Some of the most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving happens when a driver is using a device while driving to send or receive texts or make phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine the parties that could be accountable for your injuries and damages. They may also make a claim or a lawsuit against the driver to recover your 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 pedestrians and cyclists at risk. To convict someone of this crime, a police officer must demonstrate more than mere negligence or carelessness. This means that the police officer must show that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light could result in serious accidents. If the driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense and face a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, other drivers, 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 rise substantially. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is convicted fairly. The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and imprisonment. The severity of the punishment depends on a variety of factors including the severity of the incident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. A reckless driving accident lawyer with experience will know how investigate the root of the accident and gather evidence to prove your innocence. This 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 file and litigate insurance claims or lawsuits to secure the highest amount of compensation for your injuries.