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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 simply fender benders, some can result in serious injuries. The injured party should call 911 and seek medical attention as soon as possible. A New York car accident attorney can assist victims with their legal issues following the crash. They can help victims obtain 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 automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried due to out-of-pocket costs, it is important to know what it means and does not mean. To be eligible for No-Fault insurance, you must meet a few criteria. First and foremost, you must have been injured in an accident that occurred in New York. You must also be a driver, passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The person who was injured must be treated in a hospital or by a certified medical professional. In addition, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely severe injuries, and could have a significant negative impact on the person's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve. After a serious auto accident A lawyer can help you in a number of ways. They can explain your legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They can also make a court filing on behalf of you against the driver who caused the accident. You may have to pay astronomical medical costs along with lost wages, and other expenses following a serious car accident. No-fault insurance is able to help with these costs, and you should always seek treatment after an accident, even if you feel well. If you are unable to return to work, no fault will pay for 80 percent of your wages lost up to $2,000 per month. It can also cover an important portion of your out-of-pocket expenses such as the cost of household assistance. Insurance companies frequently try 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, since not attending could result in a retroactive denial of benefits. Pure comparative fault In a majority of car accident lawsuits, plaintiffs are either completely or partially responsible for the accident. The law allows injured parties to recover damages based on the percentage of fault that can be assigned to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount that a claimant may be deemed to be owed to prevent them from receiving financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent. In a car accident the plaintiff must prove two things to be legally accountable for the crash: negligence and causality. Negligence is the act of breaking the law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly led to the injury. To prove legal responsibility the plaintiff must prove the economic damages resulted from their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law, which means that those who are injured could still be able to claim compensation even if they are partially responsible. However, if the person seeking compensation is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this instance it is essential to consult a knowledgeable attorney. Comparative fault applies to almost every personal injury or death case where the victim (or the descendants of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault is slightly more complicated in the case of wrongful death claims. It is important to understand the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In addition, if you have multiple defendants in your case the concept of joint and multiple liability could apply. This is a system that divides the judgment between all the defendants if the jury finds that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the maximum compensation possible for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be even more difficult. Injured victims often confront medical expenses and loss of income as a result of being unable to work and suffer from physical pain and emotional distress. Rent and other expenses are also a problem. They don't need to be subjected to the stalling tactics used by insurance companies to try and get them to accept lower settlement offers. The truth is that the majority of insurance companies are focused on making money, and they do this by denying or reducing claims. Insurance companies will employ every tactic possible to deny you the money 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 victims of car accidents. Our lawyers will fight insurance companies' sneaky strategies. In order to save money, insurance companies will do anything they can to delay or stop your claim. They also try to avoid accountability by arguing that your injuries are not directly related to the crash, or that they don't require treatment. They could even argue that the accident was the result of a prior medical condition. In some instances an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a common trick that a lot of people fall to. This offer is lower than the amount you have to pay to cover your medical expenses and other damage. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to be injured while driving another's vehicle or in their vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving happens when a driver is using devices while driving to send or receive messages or phone calls or listen to music. Distracted click through the following web site can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents include 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 liable for your injuries and losses. They could 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 car in a way that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict a person of this crime the police officer must show more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For example driving at the red light or stopping sign could lead to serious injuries and accidents. If an individual driver is found be driving recklessly, they could be found guilty of a misdemeanor offense and be subject to an indictment or a fine. Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this crime can result in the addition of points to your license, and hefty fines. This could lead to a driver's insurance premiums increasing substantially. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are very strict and can result in severe penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors such as the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. An attorney for reckless driving with experience will know how investigate the root of the accident and gather evidence to show your innocence. This could include witness statements and cellphone records to look for distracted driving, images and videos taken at the scene of the crash and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.