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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. Irvine injury attorneys could cause serious injuries even if they're minor accidents. Injured parties should call 911 and seek medical attention immediately. A New York car accident lawyer can help victims with their legal issues following the crash. They can help victims obtain compensation for medical bills and lost income. 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 expenses, lost wages, and other accident-related expenses. This system has safeguarded car accident victims against having to pay out-of-pocket costs. However, it is important to know what it means. To be eligible for No-Fault Insurance, you must meet some requirements. First and foremost, you must be injured in a vehicle accident that occurred within the state of New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian who was struck by the vehicle. The injured party also must be treated in a hospital or by a certified provider. Additionally you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these injuries are severe and could have a negative impact on the life of a victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also make a court filing on behalf of you against the driver who caused the accident. After a serious car accident you could be faced with astronomical medical expenses, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek treatment immediately after a car accident even if you feel as if you're in good shape. If you are unable to return work due to an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It also covers a number of your out-of-pocket costs, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must show up for these appointments, because failure to attend could result in an appeal to the benefits. Pure comparative fault In a majority of car accident lawsuits plaintiffs are either completely or partially responsible for the accident. The law allows injured parties to seek damages based on the proportion of blame that can be given to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two things to be legally responsible for the crash the other being negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. The causality is the way that the negligence led to the injury. To prove legal responsibility, plaintiffs must also show economic losses, such as medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This means that the injured party can still claim compensation even if they are partially at fault. If the claimant is found more than 50 percent responsible, they are unable to claim damages. In this case, it's important to consult with a reputable lawyer. Comparative fault applies to any personal injury or wrongful death instance where the victim (or their heirs) have suffered mental or physical damages. However the concept of comparative fault can be a bit more complicated in wrongful death cases. It is important to understand the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will work with insurance companies to get you the most compensation for your injuries. Additionally, if you have several defendants in your case, the concept of joint and several liability may apply. This is a method which splits the verdict among all the defendants if the jury determines that you are jointly and severally liable for the accident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be more difficult. The victims of injuries typically have to deal with medical expenses and loss of income due to being unable to work, not to mention their physical pain and emotional stress. Rent and other daily expenses are also a problem. The last thing they want is to be subjected the tactics of an insurance company trying to convince them to accept a settlement offer that is low. The truth is that the majority of insurance companies are in the business of making money and they do this by denying or reducing claims. Insurance agents will use every trick to deny you the compensation you deserve. This is why it is crucial to find a New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will fight insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much as possible. They may also attempt to avoid accountability by arguing that your injuries are not related to the crash or do not require treatment. They may even argue that you had a prior medical condition that is to blame for the crash. In some cases an insurance adjuster might come up with an amount of settlement that appears reasonable. This is a classic trick that a lot of people fall for. This offer is much lower than the amount you have to pay to cover medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for people to sustain injuries while driving another's vehicle or in their own vehicle. Some of the most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving happens when a driver is using devices while driving to send or receive messages or make phone calls or listen to music. 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 crash 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 may be responsible for your injuries and damages. They can also bring a lawsuit or claim 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 motorists or pedestrians and cyclists at risk. In order to convict someone of this crime an officer of the police force must prove more than carelessness or negligence. This means that the officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger. In some instances even a minor traffic offense can be considered a form of reckless driving in New York. Driving through a stop sign or red light could cause serious accidents. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and could face penalties such as fines or jail time. Reckless driving can cause severe injuries to pedestrians, other drivers and bicyclists. A conviction for this offense can result in the addition of points to your driver's license, as well as substantial fines. This could cause drivers' insurance rates to rise significantly. It's important to hire a New York reckless driving accident attorney to ensure that the driver is convicted fairly. The laws governing reckless driving in New York are extremely strict and could result in severe penalties that include fines and jail time. The severity of the penalty is contingent on several factors, including the severity of the crash and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license. A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to show your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.