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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular incident in New York City. Although the majority of them are simply fender benders, some can result in serious injuries. The injured party must immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal requirements following a crash. They can assist victims in obtaining compensation for medical expenses as well as lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages and other accident-related costs. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket expenses. However, it is important to understand what it means. In order to qualify for the benefits of No-Fault insurance, you have to meet certain requirements. First and foremost you must have been injured in a vehicle 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 at an accredited hospital or provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely severe injuries that could have a significant negative impact on the victim'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. A lawyer can help you with the legal process in many ways following a serious auto accident. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also make a court-filed lawsuit on behalf of you against the negligent driver who caused the accident. After a serious car accident you could face massive medical expenses, lost wages and other expenses. No-fault insurance is able to pay for these as well, and you should seek treatment following an accident, even though you feel okay. If you cannot return to work because of an injury, no fault insurance will pay up to $2,000 in lost wages per month. It will also cover the majority of your out-of-pocket expenses such as the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. You must be present at these appointments, as failure to attend could result in a retroactive denial of benefits. Pure faults that are comparable In many cases of car accidents, the plaintiffs may be partially or fully responsible for the accident. The law grants injured parties the right to be compensated in proportion to their share of fault. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount that a claimant may be deemed to have in order to keep them from being eligible for financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a car accident case the plaintiff's legal liability for the accident rests on demonstrating two things: negligence and causation. Negligence is the act of breaking a law, or acting with unreasonable negligence. The causality is the way in which the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income or travel expenses, caused by their injuries. Other non-economic losses include emotional trauma as well as suffering and pain. 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 in the event that they are partly at fault. However, if the claimant is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this instance, it is important to work with an experienced attorney. Glendale injury attorneys is applicable to any personal injury or wrongful death instance where the victim (or the heirs) have suffered mental or physical injuries. However, the concept of comparative fault is slightly more complicated in wrongful death cases. The concept of comparative blame is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure that you receive the most compensation you can for your injuries. Joint and several liability can also be a possibility if there are multiple defendants. This is a system which splits the verdict among all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries. Tactics of the Insurance Company The aftermath of a car crash can be just as stressful. The victims of injuries typically must deal with medical bills as well as a loss of income due to being incapable of working and suffer from physical pain and emotional distress. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. They don't need to be subjected to the strategies of stalling employed by insurance companies to get them to accept low settlement offers. Insurance companies are in business to make money. They do this by denying or reducing your claims. Insurance companies will employ every tactic possible to deny you the money you are entitled to. This is why it is essential to work with an New York car accident lawyer to make sure that the playing field is level. 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 all they can to delay your claim or slow the negotiations in order to save as much as possible. They also try to evade responsibilities by arguing that your injuries are not directly related to the crash, or they do not require treatment. They could even argue that your accident was caused by a previous medical condition. In certain cases, the insurance adjuster will offer a settlement that seems reasonable. This is a typical method that a lot of people fall for. This offer is much lower than the amount you must pay to cover medical expenses and other damages. New York law requires that all drivers have no-fault insurance. It is nevertheless common for people to become injured while driving or riding in another's vehicle. Some of the most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses devices to send or receive text messages, makes phone calls, or listens to music while behind the wheel. 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 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 help you in analyzing the accident to determine all parties that might be responsible for your injuries and damages. They can also initiate a lawsuit or claim 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 others on the road and pedestrians or riders on bicycles. To convict someone of this crime, a police officer must show more than just negligence or carelessness. The officer must show that the driver was aware that their actions could result in an accident or put others in danger. In some instances even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance driving at a red light or stop sign could result in serious injuries and accidents. If a driver is found driving recklessly, they might be found guilty of misdemeanors and be subject to fines or even jail time. Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. A conviction for this offense can result in the addition of points to your driver's license, as well as hefty fines. This could cause driver's insurance rates to rise significantly. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner. The reckless driving laws in New York are extremely strict and could result in substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a number of factors, such as the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended. A seasoned reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements, cellphone records to look for distracted driving, photographs and videos from the scene of the crash, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.