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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Although the majority of them are just accidents that cause fender benders, a few can result in serious injuries. The injured parties should immediately contact 911 and seek medical attention. Lake Forest injury lawyer YouTube can assist victims with their legal needs after a crash. They can help victims get compensation for medical expenses as well as lost income. 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, lost wages, and other accident-related expenses. This system has protected the victims of car accidents from being burdened with out-of pocket costs. However it is crucial to understand what it means. In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. In the first place you must have been injured in a motor vehicle accident that took place in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by a certified provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries that can have a profoundly negative impact on the life of the victim. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can assist with the legal process in many ways after a serious car accident. They can help you understand your legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They can also make a court filing on your behalf against the person who caused the crash. You could be required to pay astronomical medical costs along with lost wages and other expenses following a serious accident. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a car crash even if you feel as if you're in good shape. If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It can also cover many 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. You must be present at these appointments, as failure to attend could result in the denial of benefits retroactively. Pure comparative fault In many cases of car accidents, the plaintiffs may be liable in part or full for the accident. The law permits the injured party to claim damages in proportion to the proportion of blame that can be attributable to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which caps the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally accountable for the accident: negligence and causality. Negligence is the violation of an act of law, or acting with unreasonable negligence. Causation refers to how the negligence directly led to the injury. To establish legal liability, the plaintiff must also show the economic losses caused by their injuries, such as medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that the injured party are still able to seek compensation even if they are partially at fault. If the claimant is found more than 50 percent responsible, they are unable to claim damages. In this case it is crucial to consult a knowledgeable attorney. Comparative fault applies to any personal injury or wrongful-death situation where the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in wrongful death cases. The concept of comparative fault is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will collaborate with the insurance companies to get you the maximum compensation for your injuries. Additionally, if you have several defendants in your case, the concept of joint and several liability could be applicable. This is a system which splits the verdict among all defendants if the jury finds that you are jointly and severally liable for the accident. This is a great method to ensure you receive the most compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, and the aftermath can be even more difficult. The injured victims are often faced with medical bills, loss of income due to inability to work or suffer physical pain. Rent and other expenses are also a major concern. They don't have to be subjected the delay tactics employed by insurance companies to convince them to accept lower settlement offers. Insurance companies are in business to make money. They do this by denying or cutting your claims. Insurance agents will employ every method to stop you from obtaining the amount you deserve. This is why it is so important to hire an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies' sly tactics. Insurance companies will do everything they can to delay your claim or stop negotiations to save as much money as possible. They will also try and keep the blame off by claiming that the injuries are not related to the accident or do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for your crash. In some instances an insurance adjuster might determine an amount of settlement that appears reasonable. This is a trick that many people fall prey to. In reality, this offer will be significantly lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is common for people to become injured when driving or riding in another person's vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses devices while driving to send or receive texts, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine who might be accountable for your injuries and damages. They may also file a claim or lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as the act of operating an automobile in a manner that puts at risk the lives and safety of others on the road and pedestrians or riders on bicycles. To convict a person of this crime, a police officer must demonstrate more than mere negligence or recklessness. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others in danger. In certain instances, even a minor traffic infraction can be considered a form of reckless driving in New York. Driving through a stop sign or red light could cause serious accidents. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and could face penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this offense can lead to the addition of points to your driver's license, and hefty fines. This can cause a driver's insurance rates to rise substantially. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner. The reckless driving laws in New York are extremely strict and could result in severe penalties that include fines and jail time. The severity of a penalty is contingent on a variety of factors, such as the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident attorney who has experience can determine the causes of an accident and gather evidence to prove your innocence. This evidence might include witness statements and cellphone records to look for distracted driving, photographs and videos from the scene of the accident, official medical reports, and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.