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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. Certain accidents could cause serious injuries even if they're minor accidents. The injured party should immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal needs after a crash. They can help victims obtain compensation for medical expenses and lost income. No-fault Insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages, and other related costs to an accident. This system has safeguarded car accident victims against being burdened with out-of pocket expenses. However it is essential that you understand what it means. To be eligible for the benefits of No-Fault insurance, you have to meet certain requirements. First and foremost, you must have been injured in an accident in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by an authorized provider. 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. These are all extremely serious injuries that could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a major New York car accident. In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the accident. You could be required to pay for astronomical medical expenses as well as lost wages and other expenses following a serious car accident. No-fault insurance can pay for these, and you should always seek treatment after an accident, even though you feel well. If you're unable to return to work, no-fault insurance will cover 80 percent of your lost wages up to $2,000 per month. It also covers a number of your out-of-pocket costs, such as the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. Attendance is mandatory, as failure to do so may result in retroactive denials of benefits. Purely faults that are comparable In a lot of car accident lawsuits, the plaintiffs are partly or totally accountable for the incident. The law allows injured parties to recover damages in proportion to their share of the fault. This is known as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault that a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two elements to be legally responsible for the accident the other being negligence and causality. Negligence is the act of breaking a law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly led to the injury. To prove legal responsibility the plaintiff must show the economic losses caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses are emotional trauma, suffering and pain. New York is one of the 13 states that have absolute comparative fault laws, which means that the injured party may still pursue recovery even when they are at the fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they are exempt from any claim for damages. In this case it is essential to work with an experienced attorney. Comparative fault applies to almost any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complex in the case of wrongful death. The principle of comparative fault is crucial to know when filing an action for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to get you the maximum compensation for your injuries. Joint and several liability can also apply if there are multiple defendants. This system splits the verdict among all defendants if a jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Strategies of insurance companies Car accidents can be stressful enough, and the aftermath can be even more difficult. Injured Salem injury lawsuits www.youtube.com must deal with medical bills as well as a loss of income as a result of being unable to work 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 the stalling tactics used by insurance companies to get them to take low settlement offers. The reality is that most insurance companies are in the business of making money, and they do this by denial or reducing claims. Insurance agents will use every tactic possible to deny you the money you are entitled to. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious tactics. In order to save money, insurance companies will do whatever they can to delay or stop your claim. They will also try to evade responsibilities by arguing that your injuries aren't directly related to the crash, or that they don't require treatment. They may even claim that the crash was the result of a prior medical condition. In some cases, the insurance adjuster will offer a settlement that seems reasonable. This is a trick that many people fall prey to. In reality, this offer will be significantly lower than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to get injured while driving or riding in another's vehicle. The most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving occurs when a driver is using a device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify the parties responsible for your injuries and losses. They could also file a lawsuit or claim against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists in danger. To find someone guilty the police officer must prove more than just negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or place others in danger. In some cases even a minor traffic infraction could be viewed as a type of reckless driving in New York. Running a stop sign or red light can result in serious accidents. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and could face penalties such as fines or jail time. Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. A conviction for this type of offense can lead to the addition of points to your license, as well as substantial fines. This can result in a driver's premiums going up significantly. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. New York's reckless-driving laws are very strict and can result in significant penalties, including fines and prison. The severity of the penalty is contingent on a number of factors, including the severity of the accident and whether there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An attorney for reckless driving who is experienced will be able to determine the causes of an accident and gather evidence to demonstrate your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos of 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 with the aim of getting you the most compensation for your injuries.