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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 frequent. Although the majority of them are just fender benders, some can result in serious injuries. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident lawyer can help victims with their legal issues after an accident. They can assist in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. While this system has protected car accident victims from being buried due to expenses out of pocket It is crucial to understand exactly what it does and does not mean. To be Arlington injury attorney to benefit from No-Fault insurance, you have to meet certain criteria. First and foremost, you must be injured in an accident in New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist who was struck by the vehicle. The injured person must be treated at a hospital or an authorized provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. All of these injuries are severe and can have a negative impact on the life of a victim. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. A lawyer can assist you with the legal process in numerous ways following a serious auto accident. 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 crash. You may have to pay for astronomical medical expenses, lost wages, and other expenses following a serious accident. No-fault insurance can pay for these and other expenses, so you should seek treatment after an accident, even though you feel okay. If you are unable to return to work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It also covers the majority of the cost you incur out-of-pocket such as the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. It is mandatory to attend, since failure to do so may result in retroactive denials of benefits. Purely comparative fault In many car accident cases the plaintiffs could be held to be fully or partially responsible for the incident. The law allows injured parties to seek damages according to the percentage of blame that can be attributable to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount that a claimant could be considered to have in order to keep them from being eligible for financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent. In a car accident, the plaintiff must prove two things to be legally accountable for the accident the other being negligence and causality. Negligence is the act of breaking a law, or committing an act of negligence that is unreasonable. Causation is the process by which the negligence directly led to the injury. To demonstrate legal responsibility the plaintiff must show the economic losses resulted from their injuries, such as medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states that have absolute comparative fault laws, which means that injured parties may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In this case it is crucial to consult with a seasoned attorney. Comparative fault can be applied to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical damages. However the concept of comparative fault can be slightly more complicated in the case of wrongful death claims. It is crucial to grasp the concept of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries. Additionally, if you have multiple defendants in your case the concept of joint and multiple liability could apply. This system splits the verdict among all defendants when the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure that you receive the most compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be equally stressful. Injured victims often confront medical expenses and loss of income as a result of being unable to work, not to mention their physical pain and emotional stress. Rent and other costs of daily living are also a concern. They don't need to be subjected the strategies of stalling employed by insurance companies to get them to accept lower settlement offers. The truth is that the majority of insurance companies are focused on making money and they do it by denying or cutting claims. Insurance companies will employ every method to deny you the compensation you deserve. It is essential to find 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 car accident victims. Our attorneys will take on insurance companies and their devious tactics. To save money insurance companies will do whatever they can to delay or stall your claim. They also try to evade responsibilities by arguing that your injuries aren't related to the crash or they do not require treatment. They may even argue that you had a prior medical issue that is responsible for the crash. In some cases an insurance adjuster may come up with an amount for settlement that seems reasonable. This is a common tactic that a lot of people fall to. The offer is significantly less than the amount you'll need to pay in order to cover your medical expenses and other damage. New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to sustain injuries while driving another person's car or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses devices to send or receive text messages, make phone calls or listens to music while driving. 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 You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine who might be responsible for your injuries and the damages. They may also initiate a lawsuit or claim against the driver to recover 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 cyclists, pedestrians, and cyclists at risk. To convict someone, 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. Even minor traffic violations can be deemed reckless driving in New York. For example driving through a red light or stop sign could cause an accident that is serious and cause injury. If the driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and could face either a fine or jail sentence. Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. If convicted of this offense will have points added to their license and could be subject to large fines. This could lead to a driver's premiums going up significantly. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. The reckless driving laws in New York are quite strict and can lead to substantial penalties that include fines and jail time. The severity of the punishment depends on a variety of factors such as the severity of the crash and whether there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. 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, photos and videos of the scene of the crash and official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.