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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular event in New York City. Some of these accidents can cause serious injuries, even if they are minor accidents. Injured parties should call 911 and seek medical attention as soon as possible. A New York car accident attorney can help victims with their legal issues following an accident. They can help them obtain compensation for their medical bills and lost wages. No- Modesto injury lawsuit youtube.com is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their auto insurance policies. This includes medical expenses, lost wages and other accident-related costs. This has helped protect the victims of car accidents from having to pay out-of-pocket costs. However, it is important to know what it means. To qualify for No-Fault Insurance you must satisfy some requirements. First and foremost, you must be injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by a certified provider. You must have also suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. All of these injuries are serious and can have a negative effect on the victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. A lawyer can help you with the legal process in many ways after a serious car accident. They can help you understand your legal options, conduct a thorough investigation, and engage with the insurance company on your behalf. They can also make a court filing on your behalf against the person who caused the accident. There is a chance that you will have to pay for astronomical medical expenses along with lost wages, and other expenses following a serious accident. These costs can be covered by no-fault insurance, and you should seek treatment immediately after a car accident, even if it feels like you're fine. If you are unable to return to work, no fault will pay 80 percent of your wages lost up to $2,000 per month. It will also cover a lot of your out-of-pocket expenses, like the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. The requirement to attend is that failure to do so may result in retroactive denials of benefits. Pure faults that are comparable In many cases of car accidents, the plaintiffs may be partially or fully responsible for the incident. The law allows injured parties to be compensated based on their percentage of blame. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a person could be found to have in order to keep them from being eligible for financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent. In the case of a car crash the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence is the act of breaking the law or acting with unreasonable carelessness. The causality is the manner that the negligence led to the injury. To establish legal liability, plaintiffs must also show economic losses, including medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law, which means that the injured party could still be able to claim compensation even 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 instance, it's important to consult a knowledgeable lawyer. Comparative fault applies to any personal injury or wrongful-death case in which the victim (or heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in cases of wrongful deaths. The principle of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and several liability could also apply if there are multiple defendants. This is a method that divides the judgment between all the defendants if the jury finds that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the most compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be just as stressful. Injured victims are often confronted with medical bills, lost income due to being unable to work or suffer physical discomfort. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. The last thing they want is to be subjected the tactics of an insurance company that is trying to get them accept a low settlement offer. The truth is that the majority of insurance companies are in the business of making money, and they do this by denial or reduction of claims. Insurance agents will use every method to deny you the money you are entitled to. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their devious tactics. In order to save money insurance companies will do anything they can to delay or stop your claim. They may also attempt to avoid responsibility by arguing that the injuries are not connected to the accident or that they do not require treatment. They could even argue that the crash was the result of a prior medical condition. In some cases, an insurance adjuster will arrive at a settlement amount that seems reasonable. This is a typical method that a lot of people are enticed by. In reality, this offer will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages. New York law requires that every driver have no-fault insurance. However, it is common for people to be injured when driving or riding in another person's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving occurs when a driver uses devices to send or receive text messages, make phone calls or listens to music behind the wheel. 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 accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify the parties liable for your injuries and losses. They may also file 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 vehicle in a manner that it puts other motorists or pedestrians and cyclists in danger. To find someone guilty, a policeman must show more than just negligence or carelessness. This means that the police officer must prove that the driver was aware of their actions could cause an accident or put others in danger. In certain instances even a minor traffic infraction could be viewed as a type of reckless driving in New York. Driving through a stop sign or red light can result in serious accidents. If the driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and be subject to a fine or jail time. Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. A conviction for this type of offense could result in the addition of points to your license as well as hefty fines. This could result in driver's premiums going up substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is held accountable on a fair basis. New York's reckless-driving laws are very strict and can result in substantial penalties including fines and prison. The severity of a penalty is contingent on a number of factors, such as the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will show your innocence. This evidence might include witness statements, phone records to look for distracted driving, images and videos taken at the scene of the crash, official medical reports, and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.