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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular incident in New York City. Certain accidents could cause serious injuries even if they're minor accidents. The injured party must immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements following an accident. They can help them obtain compensation for their medical bills and lost wages. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. This has helped protect the victims of car accidents from being burdened with out-of pocket expenses. However it is essential to know what it means. In order to qualify to benefit from No-Fault insurance, you must meet certain criteria. First and foremost, YouTube must be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a licensed medical professional. Additionally you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these injuries are severe and can have a negative effect on the life of a victim. 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 deserve. In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also file a court case on your behalf against the driver who caused the accident. In the aftermath of a serious crash you could face astronomical medical bills, lost wages, and other costs. These expenses are covered by no-fault insurance, and you should seek medical attention immediately after a car accident, even if it feels as if you're in good shape. If you're 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 many of your out-of-pocket expenses, like the cost of household assistance. Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, because not attending could result in the denial of benefits retroactively. Purely faults that are comparable In a lot of car accident lawsuits, the plaintiffs are partially or completely accountable for the incident. The law allows injured parties to seek damages based on the percentage of the blame that is given to them. This is known as pure comparative negligence. Pure comparative is different from modified comparative, which limits the amount that a claimant could be considered to have in order to keep them from being eligible for financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent. In a case involving a car accident the plaintiff's legal liability for the crash depends on demonstrating two things that are causation and negligence. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. The causality is the way that the negligence led to the injury. To prove legal responsibility the plaintiff must prove the economic damages resulted from their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative fault law, which means that the injured party can still claim compensation even if they were partially at fault. If the claimant is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this situation, it is important to consult with a seasoned attorney. Comparative fault can be applied to any personal injury or wrongful death instance where the victim (or the heirs) have suffered mental or physical damages. However the concept of comparative fault can be slightly more complicated in the case of wrongful death claims. The concept of comparative blame is very important to understand when making an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident, and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Joint and several liability could also be a possibility if there are several defendants. This is a system which splits the verdict among all defendants if the jury finds that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you receive the most compensation for your injuries. Strategies of insurance companies The aftermath of a car crash can be as stressful. The victims of injuries typically must deal with medical bills and a loss of income as a result of being unable to work in addition to their emotional and physical pain. Rent and other costs of daily living are also a concern. The last thing they need is to be sucked into the stalling tactics of an insurance company that is trying to get them to accept a settlement offer that is low. The fact is, most insurance companies are in the business of making money and they do this by denying or reduction of claims. Insurance representatives will use any method to stop you from receiving the compensation you are entitled to. This is why it's essential to work with an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will stand up to insurance companies and their devious tactics. Insurance companies will do everything they can to delay your claim or stop negotiations to save as much money as possible. They also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or do not require treatment. They might even claim that your crash was caused by a previous medical condition. In some cases an insurance adjuster may determine an amount for settlement that seems reasonable. This is a classic trick that many people are enticed by. In reality, the price will be much lower than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. However, it is common for people to get injured when driving or riding in another's vehicle. Some of the most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses devices while driving to send or receive text messages or 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. Reckless driving You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine all parties that may be responsible for your injuries and damage. They may also make a claim or a lawsuit against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or cyclists, pedestrians, and cyclists in danger. To convict someone, a policeman must show more than just negligence or recklessness. This means that the officer must prove that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light could cause an accident that is serious. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor offense and be subject to either a fine or jail sentence. Incorrect driving can cause serious injuries to motorists, pedestrians and bicyclists. If convicted of this offense will have points added to their license and may be subject to hefty fines. This can cause a driver's insurance rates to increase substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. New York's reckless-driving laws are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a number 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. A reckless driving accident attorney who is experienced will know how investigate the cause of an accident and gather evidence to show your innocence. This could include witness statements and cell phone records to check for distracted driving, photos and videos of the scene of the accident as well as official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.