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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent occurrence in New York City. While the majority of them are just collisions between cars, some may cause 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 after the crash. They can assist victims in obtaining compensation for medical expenses and lost income. No-fault Insurance New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical costs, lost wages and other related costs to an accident. While this system has helped protect car accident victims from being buried by expenses out of pocket, it is important to know exactly what it is and what it does not mean. To be eligible for No-Fault insurance you must satisfy a few criteria. First and foremost, you must be injured in a vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the vehicle insured, or a cyclist or pedestrian struck by the vehicle. The person injured must be treated in a hospital or by an authorized medical professional. Additionally you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely serious injuries, and can have a profoundly negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident. After a serious auto accident A lawyer can help you in a variety of ways. Edmond injury lawyers You Tube can help you understand your legal options, conduct an extensive investigation, and negotiate with the insurance company on your behalf. They can also bring a lawsuit to court on your behalf against the driver who caused the accident. You could be required to pay astronomical medical costs as well as lost wages and other expenses following a serious accident. These costs can be covered by no fault insurance, and you should seek treatment immediately following a collision even if you feel as if you're in good shape. If you are unable return to work, no fault will pay 80% of your lost wages up to $2,000 per month. It also covers a large portion of your out-of-pocket costs which includes the cost of household help. Insurance companies frequently try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must show up for these appointments, since not attending could result in a retroactive denial of benefits. Purely faults that are comparable In many car accident lawsuits, plaintiffs are partly or totally responsible for the accident. The law gives injured parties the right to be compensated according to their percentage of fault. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount a claimant may be deemed to be owed to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent. In a car accident case the plaintiff's legal liability for the accident is contingent upon proving two things such as negligence and causation. Negligence is the act of breaking the law or acting with unreasonable carelessness. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is one of the 13 states with absolute comparative fault laws, which means that those who have suffered can still seek recovery if they are partially at fault. If the claimant is found to be more than 50 percent at fault, they are barred from claiming damages. In this situation, it's important to consult with a reputable 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 emotional or physical injuries. The concept of comparative blame is more complicated in wrongful death cases. It is crucial to grasp the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will assist you determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries. Additionally, if you have several defendants in your case, the concept of joint and multiple liability may apply. The system splits the verdict among all defendants if the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most amount of compensation for your injuries. Strategies of insurance companies Car accidents can be stressful enough, and the aftermath can be even more challenging. Victims of injuries are often confronted with medical bills, loss of income due to not being able to go to work and physical discomfort. Rent and other expenses are also a problem. They don't have to endure the stalling tactics used by an insurance company to try and get them to accept low settlement offers. The reality is that most insurance companies are focused on making money and they do it by denying or reduction of claims. Insurance companies will employ every trick to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sly strategies. In order to save money insurance companies will do everything they can to delay or stop your claim. They may also attempt to avoid liability by arguing that the injuries are not related to the accident or that they do not require treatment. They might even claim that the crash was the result of a prior medical condition. In some instances an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a typical trick that many people fall for. The offer is significantly less than the amount you'll have to pay to cover your medical expenses and other damage. New York law requires that all drivers carry no-fault coverage. It is not unusual for people to be injured while driving another person's car or in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving happens when a driver uses an electronic device while driving to send or receive messages or make phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine the parties that could be accountable for your injuries and the damages. They may also initiate a lawsuit or claim against the driver 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 motorists and people on foot or on bicycles. To convict a person of this crime the police officer must show more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light could cause an accident that is serious. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor and could face an indictment or a fine. Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. If convicted of this offense will have points added to their licenses and could be subject to massive fines. This could cause drivers' insurance rates to rise substantially. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws regarding reckless driving in New York are extremely strict and could result in severe penalties, including fines and imprisonment. The severity of the penalty is contingent on a variety of 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 the suspension of a driver's license. A seasoned reckless accident lawyer will know how to investigate the cause of a collision and gather evidence to demonstrate your innocence. This could include witness statements and phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate lawsuits or insurance claims to secure the highest compensation for your injuries.