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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. Certain accidents could cause serious injuries even if they're minor accidents. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident attorney can help victims with their legal issues following the crash. 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 automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. This system has protected the victims of car accidents from having to pay out-of-pocket expenses. However, it is important to understand what it means. To be eligible for No-Fault Insurance, you must meet some requirements. First of all you must be injured in a vehicle accident that occurred within the state of New York. You must be a driver or passenger in the insured vehicle or a bicyclist or pedestrian struck by the vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. Additionally, you must 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 could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if been injured in a major New York car accident. A lawyer can assist with the legal process in a variety of ways after a serious car accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the driver who caused the accident. Following a serious car crash you could face massive medical expenses, lost wages and other expenses. No-fault insurance will help with these costs, and you should always seek out treatment after an accident, even if you feel okay. If you are unable to return to work because of 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 costs, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. Attendance is mandatory, as failing to attend could result in denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law allows injured parties to receive damages based on their percentage of fault. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault which caps the amount of fault that the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two things in order to be legally accountable for the crash the other being negligence and causality. Negligence is the act of breaking the law or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly contributed to the injury. To demonstrate legal responsibility the plaintiff has to demonstrate the economic loss that result from their injuries like medical bills, lost income and travel expenses for appointments. Other non-economic losses include emotional trauma as well as pain and suffering. New York is one of the states that have absolute comparative fault laws, which means that injured parties can still seek recovery when they are at the fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this instance, it is important to work with a skilled attorney. Comparative fault can be applied to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complicated in cases of wrongful deaths. The concept of comparative blame is very important to understand when filing a claim for compensation after an accident in New York. Your lawyer will help you determine the severity of your own responsibility for the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and several liability could also apply if there are several defendants. This is a system which splits the verdict among all defendants if the jury decides that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries. Strategies of insurance companies Car accidents can be stressful enough, but the aftermath can be even more challenging. The injured victims are often confronted with medical bills, lost income due to being unable to work or suffer physical pain. Rent and other costs of daily living are also a concern. The last thing they need is to be sucked into the tactics of a stalling insurance company who is trying to get them to accept a low settlement offer. The fact is, most insurance companies are in the business of making money and do this by denying or reducing claims. Insurance agents will use every tactic possible to deny you the money you deserve. It is essential to find an experienced New York car accident attorney to even 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 and their shady tactics. Insurance companies will do everything they can to delay your claim or stall the negotiations in order to save as much as possible. They will also try and avoid responsibility by arguing that the injuries aren't related to the accident or that they do not require treatment. They might even claim that you have a prior medical condition that is to blame for the crash. In some cases an insurance adjuster might determine an amount of settlement that appears reasonable. This is a common trick that many people fall prey to. This offer is lower than the amount you have to pay to cover medical expenses and other damages. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to sustain injuries when driving a vehicle of another or in their vehicle. Some of the most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving, road conditions and weather. Reckless driving You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. Corpus Christi injury attorneys driving accident lawyer can help examine the crash to determine the parties accountable for your injuries and losses. They may also initiate a lawsuit or claim against the driver to collect damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists at risk. To convict a person of this crime the police officer must prove more than negligence or carelessness. This means that the police officer must show that the driver was aware of their actions could cause an accident or put others at risk. In some instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. For example driving through the red light or stopping sign could lead to serious injuries and accidents. If a driver is found to be recklessly driving, they could be convicted of a misdemeanor crime and be subject to a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and could face large fines. This could cause driver's insurance rates to go up substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless-driving laws are very strict and can result in severe penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors including the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A seasoned reckless accident lawyer will know how to determine the causes of a crash and gather evidence that will demonstrate your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.