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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Certain accidents could cause serious injuries even if they're only minor collisions. The injured party should immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements after an accident. They can assist them in obtaining compensation for their medical bills and lost wages. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. This system has protected the victims of car accidents from being burdened with out-of pocket costs. However it is essential to understand what it means. To qualify for No-Fault Insurance, you must meet certain requirements. In the first place you must be injured in a car accident that occurred in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured person must be treated in an accredited hospital or provider. 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 serious injuries, and can have a profoundly 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. In the aftermath of a serious auto crash, a lawyer can assist you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They may also bring a lawsuit to court on behalf of you against the driver who caused the accident. After a serious car accident, you may be facing astronomical medical expenses, lost wages and other expenses. These expenses can be covered by no fault insurance, and you should seek treatment immediately after a car accident, even if it feels as if you're in good shape. If you are unable 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 typically schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. It is mandatory to attend, since failing to attend could result in retroactive denials of benefits. Pure comparative fault In a lot of car accident lawsuits, the plaintiffs are partly or totally responsible for the accident. The law allows the injured party to claim damages based on the proportion of fault that can be given to them. This is known as pure comparative fault. Aurora injury lawsuits differs from modified comparative fault, which caps the amount of fault the claimant could be considered to have 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 to be legally accountable for the accident: negligence and causality. Negligence is the violation of the law or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states that have strict comparative fault laws which means that those who have suffered are still able to seek compensation even if they are partially at the fault. If the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance, it's important to consult a knowledgeable lawyer. Comparative fault can be applied to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complicated in the case of wrongful death. The concept of comparative blame is essential to be aware of when making claims for compensation following an accident in New York. Your lawyer will help you determine the extent of your personal responsibility to the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and several liability could also apply if there are multiple defendants. This is a system which splits the verdict among all the defendants if the jury decides that you are jointly and severally liable for the incident. This is an excellent way to ensure that you get the maximum amount of compensation for your injuries. The tactics of the insurance company Car accidents are stressful enough, and the aftermath can be more difficult. The injured victims are often faced with medical bills, lost income due to not being able to work, and physical pain. They also have to worry about whether they can afford rent and other daily expenses. They don't have to be subjected the delay tactics employed by insurance companies to convince them to accept lower settlement offers. The truth is that the majority of insurance companies are focused on making money, and they do it by denying or reduction of claims. Insurance companies will employ every trick to deny you the money you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. To save money, insurance companies will do whatever they can to delay or stop your claim. They will also try and keep the blame off by claiming that the injuries are not directly related to the crash or that they do not require treatment. They could even argue that the crash was caused by an earlier medical condition. In some cases an insurance adjuster may determine an amount for settlement that seems reasonable. This is a common tactic that many people fall prey to. The offer is significantly less than the amount you'll must pay to cover your medical expenses and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is not uncommon for people to become injured while driving or riding in another person's vehicle. The most frequent causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses a device while driving to send or receive messages 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 include 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 may be entitled to compensation. A New York City reckless driver accident lawyer can assist in investigating the crash to determine who might be accountable for your injuries and the damages. They may also file a claim or lawsuit against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists at risk. To find someone guilty, a policeman must show more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or place others in danger. In certain instances, even a minor traffic infraction can be considered a form of reckless driving in New York. Driving through a stop sign or red light could cause serious accidents. If an individual driver is found be driving recklessly, they could be found guilty of a misdemeanor and be subject to a fine or jail time. Incorrect driving can cause serious injuries to other motorists, pedestrians and bicyclists. If convicted of this offense will have points added to their licenses and could be subject to large fines. This can result in a driver's premiums going up substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are very strict and can result in substantial penalties including fines and prison. The severity of the penalty depends on a variety of factors, including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended. A seasoned reckless driving accident lawyer knows how to find out the causes of a crash and gather evidence that will prove your innocence. This evidence could include witness statements and phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.