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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party should call 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal needs after an accident. They can assist in obtaining compensation for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. This system has protected those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is essential to know what it means. To be eligible for No-Fault Insurance You must satisfy some requirements. You must first and foremost be injured in an accident in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by a certified provider. You must also have suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. These are all extremely severe injuries that can have a profoundly negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due. Elgin injury lawyer can assist with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the crash. You could be required to pay for astronomical medical expenses, lost wages, and other expenses after a serious auto 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 because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It can also cover many of your out of pocket costs, such as the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must show up for these appointments, as not attending could result in an appeal to the benefits. Purely faults that are comparable In many cases of car accidents the plaintiffs could be liable in part or full for the accident. The law gives injured parties the right to be compensated according to their percentage of blame. This is referred to as pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount that a claimant could be considered to have to prevent them from receiving financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the accident the other being negligence and causality. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly caused the injury. To establish legal liability the plaintiff has to show the economic losses resulted from their injuries, such as medical bills, lost income and travel costs to appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that injured parties may still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this case it is essential to consult a knowledgeable attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is a bit more complicated in wrongful death cases. It is crucial to grasp the concept of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will work with the insurance companies to secure the maximum compensation for your injuries. Additionally, if you have several defendants in your case, the concept of joint and several liability could apply. This system splits the verdict among all defendants if the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be even more challenging. Injured victims are often confronted with medical bills, lost income due to being unable to go to work and physical pain. They also have to worry about whether they can afford rent and other expenses of daily living. They don't need to be subjected to the strategies of stalling employed by insurance companies to convince them to accept lower settlement offers. The fact is, most insurance companies are focused on making money and they do this by denial or reduction of claims. Insurance agents will use every tactic possible to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers 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 shady tactics. Insurance companies will do everything in their power to delay your claim or slow the process to save as much as possible. They also try to avoid liability by arguing that your injuries aren't related to the accident or that they do not require treatment. They might even claim that you suffer from a previous medical condition that is the reason for your crash. In certain cases an insurance adjuster might come up with a settlement amount that seems reasonable. This is a classic method that a lot of people fall for. This offer is lower than the amount you'll need to pay in order to cover your medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance. However, it is common for people to be injured when driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. 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 lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help examine the crash to determine the parties responsible for your injuries and losses. They can also make a claim or lawsuit against the driver in order to collect damages. The New York criminal code defines reckless driving as operating the vehicle in a way that puts at risk the lives and safety of others on the road and pedestrians on bicycles. To find someone guilty, a policeman must show more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For example, running the red light or stopping sign could lead to serious injuries and accidents. If a driver is caught driving recklessly, they might be found guilty of misdemeanor charges and face fines or jail time. Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will have points added to their licenses and could face large fines. This can result in a driver's insurance premiums increasing 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 significant penalties, including fines and prison. The severity of the penalty is contingent on a variety of factors including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. A reckless driving accident lawyer who has experience will be able to determine the causes of an accident and gather evidence to demonstrate your innocence. This 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 and file lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.