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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 common. Although the majority of them are simply collisions between cars, some may result in serious injuries. Largo injury lawsuit injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal needs following the crash. They can help victims obtain compensation for medical bills 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 costs related to accidents. While this has helped to protect car accident victims from being buried due to expenses out of pocket but it is essential to understand exactly what it does and does not mean. In order to qualify for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost, you must have been injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured person must be treated at a hospital or an authorized provider. In addition you must have sustained 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. All of these injuries are severe and can have a negative impact on a victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can assist you with the legal process in numerous ways following a serious car accident. They can explain your legal options, conduct an extensive investigation and negotiate 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 be faced with massive medical bills, lost wages, and other expenses. No-fault insurance can help with these costs, and you should always seek out treatment after a crash, even if you feel okay. If you are unable to return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance. Insurance companies often try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since the absence of this could result in denial of benefits retroactively. Pure faults that are comparable In a lot of car accident cases plaintiffs may be liable in part or full for the incident. The law allows injured parties to recover damages according to the percentage of blame that can be assigned to them. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount a claimant may be deemed to have to prevent them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two things to be legally responsible for the crash that is, negligence and causality. Negligence is the act of breaking a law or committing an act with reckless carelessness. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility the plaintiff has to prove the economic damages caused by their injuries, such as medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that injured parties can still claim compensation even if they were partially at fault. If the claimant is found to be more than 50 percent at fault, they are not able to claim damages. In this case it is essential to work with a knowledgeable attorney. Comparative fault can be applied to almost any personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be somewhat more complex in wrongful death claims. It is important to understand the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will collaborate with insurance companies to secure 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 is a system that divides the judgment between all defendants if the jury decides that you are jointly and severally responsible for the incident. This is an excellent way to ensure that you get the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, and the aftermath can be more challenging. Injured victims are often faced with medical bills, lost income due to being unable to go to work and physical discomfort. Rent and other daily expenses are also a concern. They don't need to endure the stalling tactics used by insurance companies to 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 tactic possible to deny you the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies' sly tactics. Insurance companies will do all they can to delay your claim or slow the negotiations in order to save as much money as possible. They also try to avoid liability by arguing that your injuries aren't directly related to the crash or that 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 trick that many people fall prey to. In reality, this offer will be much lower than the amount you will actually have to pay for medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is not uncommon for drivers to be injured while driving another's vehicle or riding 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 text messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can help you in investigating the crash to determine all parties that may be accountable for your injuries and damages. They can also file a lawsuit or claim against the driver in order to recover damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that endangers the lives and safety of other motorists and people on foot or on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere carelessness or negligence. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger. In some cases, even a minor traffic offense can be considered a form of reckless driving in New York. Driving through a stop sign or red light could result in a serious accident. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor and be subject to an indictment or a fine. Reckless driving can cause severe injuries to pedestrians, drivers, and bicyclists. A conviction for this crime can lead to the addition of points to your license as well as hefty fines. This could cause driver's insurance rates to go up significantly. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner. New York's reckless-driving laws are very strict and can result in substantial penalties including fines and jail time. The severity of the penalty depends on several factors including the severity of the accident and whether there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license. An attorney for reckless driving who has experience will know how investigate the root of the accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos captured at 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 aimed at getting you maximum compensation for your injuries.