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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. While most of them are collisions between cars, some may cause serious injuries. Injured parties should call 911 and seek medical attention right away. A New York car accident attorney can assist victims with legal issues following an accident. They can help victims obtain compensation for medical bills and lost income. No-fault insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. This has helped protect the victims of car accidents from having to pay out-of-pocket costs. However Concord injury attorney is essential to understand what it means. To be eligible for No-Fault Insurance You must satisfy a few criteria. First and foremost you must have been injured in a car accident that occurred in the state of New York. You must be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian who was struck by the vehicle. The person injured must be treated at an accredited hospital or provider. In addition, 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 can have a profoundly negative impact on the person's life. A New York injury lawyer can assist you if been injured in a serious New York car accident. Following a serious car accident A lawyer can help you in a number of ways. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on behalf of you against the driver who caused the accident. Following a serious car crash you could be faced with massive medical bills, lost wages and other expenses. These expenses are covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if it seems like you are fine. If you're unable to return to work, no fault will pay for 80% of your lost wages up to $2,000 per month. It will also cover an important portion of your out-of-pocket expenses, including the cost of household help. Insurance companies will often attempt to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, because failing to do so could result in an appeal to the benefits. Pure faults that are comparable In a lot of car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law allows the injured party to claim damages in proportion to the percentage of the blame that is attributable to them. This is known as pure comparative negligence. 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 the event of a car crash, the plaintiff must prove two things to be legally accountable for the accident the other being negligence and causality. Negligence refers to breaking a law or committing an act with reckless carelessness. The cause of the accident is determined by the manner the negligence caused the injury. To demonstrate legal responsibility, the plaintiff must also prove the economic damages resulted from their injuries, such as medical bills, lost income and travel expenses for appointments. Other non-economic losses include emotional trauma and pain and suffering. New York is one of the states that have strict comparative fault laws which means that the injured party can still seek recovery in the event that they are partly at the fault. If the claimant is found to be more than 50 percent at fault, they are unable to claim damages. In this case, it is important to work with an experienced attorney. Comparative fault is applicable to nearly every personal injury or death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault can be slightly more complicated in wrongful death claims. It is important to understand the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will collaborate with the insurance companies to get you the maximum compensation for your injuries. Joint and multiple liability may be used in the event of several defendants. This system splits the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great method to ensure that you get the maximum amount of compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, and the aftermath can be more challenging. Victims of injuries often confront medical expenses and loss of income as a result of being unable to work in addition to their physical pain and emotional stress. They also have to worry about whether they can afford rent and other expenses of daily living. They don't have to be subjected the strategies of stalling employed by an insurance company to try and get them to accept lower settlement offers. Insurance companies are in business 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 are entitled to. It is essential to find an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will fight insurance companies' sly strategies. In order to save money insurance companies will do anything they can to delay or derail your claim. They will also try to avoid accountability by arguing that your injuries are not directly related to the crash, or they do not require treatment. They might even claim that your crash was caused by an earlier medical condition. In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a typical scam that many people are enticed by. The offer is significantly less than the amount you need to pay in order to cover 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 riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using devices while driving to send or receive text messages or 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 If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in investigating the crash to determine who might be responsible for your injuries and damages. They may also initiate a lawsuit or claim against the driver in order to collect 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 convict someone, a policeman must show more than mere negligence or recklessness. This means that the officer must show that the driver was aware that their actions were likely to cause 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 result in a serious accident. If a driver is found driving recklessly, he or she may be convicted of misdemeanor charges and could face fines or jail time. Reckless driving can cause severe injuries to pedestrians, drivers, and bicyclists. If convicted of this crime will be subject to points added to their licenses and may be subject to hefty fines. This could result in driver's premiums going up substantially. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and prison. 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 reckless driving conviction could also result in the suspension of a driver's license. A reckless driving accident attorney with experience will be able to determine the cause of an accident and gather evidence to show your innocence. The evidence could include witness statements as well as cell phone records to check for distracted driving, images and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest compensation for your injuries.