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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 the majority of them are simply collisions between cars, some may result in serious injuries. The injured party should call 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 a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. This has helped protect the victims of car accidents from being weighed down by out-of-pocket expenses. However it is crucial that you understand what it means. To be eligible for No-Fault insurance you must satisfy a few criteria. First of all you must have been injured in a motor vehicle accident that occurred in the state of New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by a certified medical professional. 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, and could have a significant negative impact on the person's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. In the aftermath of a serious auto crash An attorney can assist you in a number of ways. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They may also make a court-filed lawsuit on behalf of you against the driver who caused the accident. There is a chance that you will have to pay astronomical medical bills along with loss of wages, and other costs following a serious car accident. No-fault insurance is able to help with these costs, and you should always seek out treatment after an accident, even though you feel okay. If you are unable to return work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover many of your out of pocket expenses, like 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). You must show up for these appointments, since failing to do so could result in the denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits, the plaintiffs are partially or completely responsible for the accident. The law gives injured parties the right to recover damages in proportion to their share of fault. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which limits the amount of fault a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent. In Norwalk injury lawsuits for the crash depends on proving two things that are causation and negligence. Negligence is the violation of the law or committing a breach of the law with reckless negligence. The causality is the way that the negligence led to the injury. To prove legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the states that have absolute comparative fault laws, which means that those who have suffered can still seek recovery when they are at fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this instance, it's important to consult with a reputable 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 emotional or physical damages. The concept of comparative fault is more complex in wrongful death cases. The principle of comparative fault is very important to understand when making claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your own contribution to the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries. Joint and multiple liability may be used in the event of multiple defendants. The system splits the verdict between all defendants when a jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the maximum compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be as stressful. The victims of injuries typically must deal with medical bills as well as a loss of income as a result of being in a position of no work in addition to their physical pain and emotional stress. They also have to worry about whether they can cover rent and other daily expenses. They don't need to be subjected to the stalling tactics used by insurance companies to get them to accept low settlement offers. Insurance companies exist to make money. They do this by denying or reducing your claims. Insurance companies will employ every trick to deny you the money you are entitled to. It is essential to find an experienced New York car accident attorney to level the playing field. 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 strategies. Insurance companies will do everything in their power to delay your claim or stall the negotiations in order to save as much money as possible. They also try to keep the blame off by claiming that the injuries aren't connected to the accident or that they do not require treatment. They may even argue that you suffer from a previous medical condition that is the reason for your crash. In some cases, an insurance adjuster will determine an amount for settlement that seems reasonable. This is a trick that many people fall to. In reality, the price will be much lower than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. However, it is not uncommon for people to be injured while driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver uses an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather. 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 you in investigating the crash to determine the parties that may be accountable for your injuries and damage. They may also make a claim or lawsuit against the driver in order to collect damages. The New York criminal code defines reckless driving as the act of operating an automobile in a manner that puts at risk the lives and safety of other drivers and pedestrians on bicycles. To find someone guilty the police officer has to prove more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For instance driving through the red light or stopping sign could cause an accident that is serious and cause injury. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor and be subject to either a fine or jail sentence. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this crime can lead to the addition of points to your license and hefty fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find 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 extremely strict and could lead to substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of variables like the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An attorney for reckless driving who has experience will know how investigate the causes of an accident 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, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.