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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. Some of these accidents can cause serious injuries even if they're only minor collisions. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident lawyer can help victims with their legal requirements following an accident. They can help them obtain compensation for their medical bills and lost wages. No-fault insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages and other accident-related costs. 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. To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First of all you must be injured in a motor vehicle accident that took place in the state of New York. You must be a driver or passenger in the vehicle insured, or a cyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized medical professional. Additionally you must have suffered a “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. All of these injuries are serious and can have a negative effect on the victim's life. If Knoxville injury lawyer 've been injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you deserve. A lawyer can help you with the legal process in a variety of ways following a serious auto accident. They can provide you with legal options, conduct an extensive investigation, and engage with the insurance company on your behalf. They can also file a court case on your behalf against the person who caused the crash. Following a serious car crash you could be faced with huge medical bills, lost wages and other expenses. No-fault insurance can cover these costs and other expenses, so you should seek treatment after an accident, even if you feel fine. If you are unable to return to work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It will also cover an important portion of the cost you incur out-of-pocket, including the cost of household assistance. Insurance companies frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failure to do so may result in retroactive denials of benefits. Purely comparative fault In many car accident cases, the plaintiffs may be partially or fully responsible for the incident. The law permits injured parties to recover damages according to the percentage of fault that can be given to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which caps the amount of fault an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the crash depends on demonstrating two things that are causation and negligence. Negligence refers to breaking the law or acting with unreasonable carelessness. Causation refers to how the negligence directly led to the injury. To prove legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states that have pure comparative fault laws, which means that the injured party can still seek recovery when they are at fault. If the claimant is found to be more than 50% at fault, they are exempt from any claim for damages. In this case it is essential to work with a knowledgeable lawyer. Comparative fault applies to almost any personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical damages. However the concept of comparative fault is a bit more complicated in the case of wrongful death claims. It is essential to comprehend the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will assist you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure that you get the maximum amount of compensation for your injuries. In addition, if have several defendants in your case, the concept of joint and several liability could apply. This is a method which splits the verdict among all defendants if the jury determines that you are 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. The tactics of the insurance company The aftermath of a car accident can be equally stressful. Victims of injuries often have to deal with medical expenses and loss of income from being in a position of no work in addition to their physical pain and emotional stress. They also have to worry about how they will pay rent and other expenses of daily living. They don't have to be subjected the stalling tactics used by an insurance company to try and get them to take low settlement offers. The fact is, most insurance companies are in the business of making money, and they do it by denying or reduction of claims. Insurance agents will use every tactic possible to deny you the compensation you are entitled to. This is why it's crucial to find a New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sneaky tactics. Insurance companies will do all they can to delay your claim or slow the negotiations in order to save as much as possible. They also try to avoid responsibility by arguing that your injuries aren't related to the accident or do not require treatment. They might even claim that you had a prior medical condition that is to blame for your crash. In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that a lot of people fall to. In reality, this offer will be significantly lower than the amount you will actually have to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to sustain injuries while driving another person's car or riding in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving happens when a driver is using an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You may 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 in analyzing the crash to determine who could be responsible for your injuries and damage. They may also file a lawsuit or claim against the driver in order to recover damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or pedestrians and cyclists at risk. To convict a person of this crime an officer of the police force must prove more than negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or put others in danger. In some cases, even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance driving at an intersection with a stop sign could result in serious injuries and accidents. If a driver is caught driving recklessly, he or she may be convicted of misdemeanors and be subject to penalties such as fines or jail time. Unsuspecting driving can cause serious 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 could lead to a driver's insurance premiums increasing significantly. It is essential to find 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 substantial penalties including fines and jail time. The severity of the penalty depends on a variety of variables like the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. A seasoned reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence that will demonstrate your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photos and videos of the scene of the accident as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.