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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 common. Certain accidents could cause serious injuries even if they're just minor collisions. The injured party should immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal needs after the crash. They can assist in obtaining compensation for their medical bills and lost wages. No-fault Insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. This system has safeguarded the victims of car accidents from being weighed down by out-of-pocket expenses. However it is crucial to understand what it means. To qualify for No-Fault Insurance you must satisfy a few criteria. You must first and foremost be injured in an accident in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a certified medical professional. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries, and can have a profoundly negative impact on the life of the victim. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation, and engage with the insurance company on your behalf. They can also bring a lawsuit to court on your behalf against the negligent driver responsible for the crash. You could be required to pay for astronomical medical expenses along with lost wages and other expenses following a serious accident. No-fault insurance can help with these costs, and you should always seek out treatment after a crash, even if you feel fine. If you are unable to return to work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It also covers the majority of your out-of-pocket expenses, including the cost of household help. Insurance companies will often attempt 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 failing to do so could result in a retroactive denial of benefits. Pure faults of a comparative nature In many car accident lawsuits, the plaintiffs are partly or totally accountable for the incident. The law allows injured parties to seek damages according to the proportion of the blame that is 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 found to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident rests on demonstrating two things: negligence and causation. Negligence refers to breaking a law or committing an act with unreasonable carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income, and travel expenses resulting from their injuries. Internet Page -economic losses include emotional trauma and suffering and pain. New York is one of the 13 states with pure comparative fault laws, which means that injured parties are still able to seek compensation even if they are partially at fault. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this instance it is crucial to consult with a seasoned attorney. Comparative fault can be applied to any personal injury or wrongful death situation where the victim (or the heirs) have suffered mental or physical damages. The concept of comparative blame is more complicated in the case of wrongful death. It is important to understand the principle of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure that you get the maximum amount of compensation for your injuries. In addition, if have several defendants in your case the concept of joint and several liability could be applicable. This is a system that splits the judgment amongst all defendants if the jury finds that you are jointly and multiplely responsible for the accident. This is a great way to ensure you receive the most compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be just as stressful. Victims of injuries often have to deal with medical bills and a loss of income as a result of being unable to work in addition to their physical pain and emotional distress. They also have to think about whether they can afford rent and other expenses of daily living. They don't need to endure the strategies of stalling employed by insurance companies to try and get them to accept low settlement offers. The fact is, most insurance companies are in the business of making money and they do this by denying or reducing claims. Insurance representatives will use any strategy to prevent you from getting the amount you deserve. It is important to hire 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 lawyers will fight insurance companies' devious strategies. Insurance companies will do everything they can to delay your claim or stall the process to save as much as possible. They also try to avoid liability by arguing that the injuries are not connected to the accident or do not require treatment. They may even claim that your crash was caused by a previous medical condition. In certain cases the insurance adjuster might offer a settlement that appears reasonable. This is a classic scam that a lot of people are enticed by. In reality, this offer is significantly less than what you actually need to pay for your medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. However, it is not uncommon for people to become injured when driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving occurs when a driver uses an electronic device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help examine the crash to determine the parties accountable for your injuries and losses. They may also make a claim or lawsuit against the driver to claim damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To convict a person of this crime the police officer must prove more than negligence or recklessness. This means that the police officer must show that the driver was aware that their actions were likely to cause an accident or put others in danger. In some instances even a minor traffic infraction can be viewed as a form of reckless driving in New York. A violation of a stop sign, or a red light can result in serious accidents. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor and face a fine or jail time. Incorrect driving can cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this offense can lead to the addition of points to your license, as well as substantial fines. This could result in driver's premiums going up significantly. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is found guilty on a fair basis. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty depends on a number of factors including the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. A seasoned reckless driving accident lawyer knows how to find out the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements and phone records to look for distracted driving, images and videos of the scene of the accident and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.