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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. Some of these accidents can cause serious injuries even if they're only minor collisions. The injured party should call 911 and seek medical attention immediately. A New York car accident lawyer can assist victims with their legal needs following an accident. 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 motorists, passengers and pedestrians as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other accident-related costs. This system has protected car accident victims against having to pay out-of-pocket expenses. However it is crucial to know what it means. To be eligible for No-Fault Insurance you must satisfy certain requirements. In the first place, you must be injured in a vehicle accident that occurred within the state of New York. You must be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The person who was injured must be treated in a hospital or by a licensed provider. You must also have suffered “a serious injury.” Clarksville injury lawyers are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. All of these are serious and could have a negative impact on the life of a victim. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you're due. A lawyer can assist with the legal process in many ways following a serious car accident. They can explain your legal options, conduct an extensive investigation, and bargain with the insurance company on your behalf. They can also file a lawsuit in court on behalf of you against the negligent driver responsible for the crash. Following a serious car crash you could face huge medical bills, lost wages and other expenses. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a car crash, even if it feels like you are fine. If you are unable to return to work due to an accident, no-fault insurance can 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 your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failing to attend could result in retroactive denials of benefits. Pure comparative fault In many cases of car accidents plaintiffs may be partially or fully responsible for the incident. The law gives injured parties the right to receive damages in proportion to their share of blame. This is called pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount a person may be deemed to have in order to keep the claimant from obtaining financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally accountable for the crash the other being negligence and causality. Negligence is the violation of the law or committing a breach of the law with reckless negligence. The cause of the accident is determined by the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses are emotional trauma, pain and suffering. New York is one of the 13 states that have absolute comparative fault laws, which means that those who have suffered are still able to seek compensation even when they are 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 is crucial to work with a knowledgeable lawyer. Comparative fault is applicable to nearly every personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complicated in cases of wrongful deaths. The concept of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to get you the maximum compensation for your injuries. Additionally, if you have multiple defendants in your case, the concept of joint and several liability could be applicable. This system splits the verdict between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Tactics of the Insurance Company The aftermath of a car crash can be equally stressful. Injured victims are often faced with medical bills, lost income due to not being able to go to work and physical pain. They also have to worry about whether they can afford rent and other daily expenses. The last thing they want is to be subjected the stalling tactics of an insurance company trying to get them to accept a settlement offer that is low. Insurance companies exist to earn money. They accomplish this by denial or reduce your claims. Insurance companies will employ every tactic possible to deny you the money you deserve. This is why it is essential to work with 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 of victims of car accidents. Our lawyers will fight insurance companies' devious tactics. In order to save money, insurance companies will do anything they can to delay or derail your claim. They will also try and keep the blame off by claiming that the injuries are not related to the accident or do not require treatment. They might even claim that the accident was caused by an earlier medical condition. In some instances an insurance adjuster might determine an amount for settlement that seems reasonable. This is a trick that a lot of people fall to. In reality, the price will be much lower than what you actually need to pay for medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is not uncommon for people to suffer injuries while driving another person's car or in their vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver is using a device while driving to send or receive messages, make 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 could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine the parties that may be responsible for your injuries and damages. They could also make a claim or lawsuit against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To convict a person of this crime the police officer must show more than just negligence or recklessness. This means that the police officer must prove that the driver was aware that their actions were likely to cause an accident or put others in danger. In certain instances even a minor traffic offense could be viewed as a type of reckless driving in New York. A violation of a stop sign, or a red light could result in serious accidents. If a driver is caught driving recklessly, they could be found guilty of misdemeanor charges and face penalties such as fines or jail time. Incorrect driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this crime can result in the addition of points to your license, as well as substantial fines. This could cause driver's insurance rates to rise significantly. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of a penalty is contingent on a number of factors including the severity of an accident and if there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A seasoned reckless accident lawyer will know how to find out the causes of a crash and gather evidence that will show your innocence. The evidence could include witness statements, phone records to look for distracted driving, photographs and videos taken at the scene of the crash and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.