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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. Some of these accidents can cause serious injuries even if they're minor accidents. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal needs following the crash. They can assist in obtaining the compensation they need for medical expenses 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 accident-related expenses. This has helped protect the victims of car accidents from having to pay out-of-pocket expenses. However it is crucial that you understand what it means. To be eligible for No-Fault insurance, you must meet certain requirements. In the first place you must have been injured in a motor vehicle accident that occurred within the state of New York. You must be a driver or passenger in the insured vehicle or a cyclist or pedestrian who was struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. Additionally you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these are serious and can have a negative effect on a victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident. Following a serious car accident An attorney can assist you in a number of ways. They can assist you in understanding 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 person who caused the accident. You may have to pay astronomical medical bills, lost wages and other expenses following a serious car accident. No-fault insurance will cover these costs as well, and you should seek treatment following a crash, even if you feel okay. If you're unable to return to work, no fault will cover 80% of your lost wages up to $2,000 per month. It will also cover a large portion of your out-of-pocket costs such as the cost of household help. Insurance companies frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since the absence of this could result in denial of benefits retroactively. Pure faults that are comparable In many car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law allows injured parties the right to be compensated in proportion to their share of fault. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon proving two things that are causation and negligence. Negligence is the act of breaking a law or committing an act in reckless disregard. The causality is the way the negligence caused the injury. To demonstrate legal responsibility the plaintiff must demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income and travel costs to appointments. Other non-economic losses include emotional trauma, pain and suffering. 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 to be more than 50 percent responsible, they are unable to claim damages. In this instance, it is important to consult with a seasoned attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault can be slightly more complicated in wrongful death cases. The principle of comparative fault is essential to be aware of when making claims for compensation following an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the maximum compensation for your injuries. Joint and multiple liability may be used in the event of several defendants. This is a method that divides the judgment between all defendants in the event that the jury determines that you are jointly and severally liable for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries. Insurance company tactics Car accidents can be stressful enough, and the aftermath can be even more challenging. The injured victims are often confronted with medical bills, lost income due to inability to go to work and physical discomfort. Rent and other daily expenses are also a major concern. The last thing they want is to be sucked into the stalling tactics of an insurance company that is trying to get them accept a low settlement offer. The fact is, most insurance companies are focused on making money and do it by denying or reducing claims. Insurance agents will use every trick to deny you the money you are entitled to. This is why it's crucial to find an New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will take on insurance companies and their shady tactics. In order to save money, insurance companies will do anything they can to delay or derail your claim. They will also try to avoid accountability by arguing that your injuries are not caused by the crash or they do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for your crash. In certain cases an insurance adjuster might determine an amount for settlement that seems reasonable. This is a common scam that many people are enticed by. This offer is much lower than the amount you'll need to pay in order to cover medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to sustain injuries while driving another's vehicle or riding 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 a device to send or receive text messages, make 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 are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine all parties that could be responsible for your injuries and damage. They could also file a lawsuit or claim against the driver in order to claim damages. The New York criminal code defines reckless driving as the act of operating the vehicle in a way that puts at risk the lives and safety of other drivers and pedestrians on bicycles. In order to convict someone of this crime an officer of the police force must demonstrate more than mere negligence or carelessness. This means that the police officer must show that the driver knew their actions were likely to cause an accident or put others at risk. In certain instances, even a minor traffic violation can be viewed as a form of reckless driving in New York. For example driving through an intersection with a stop sign could cause serious injuries and accidents. If an individual driver is found be recklessly driving, they could be found guilty of a misdemeanor offense and face a fine or jail time. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. Milpitas injury attorneys for this offense can lead to the addition of points to your license as well as hefty fines. This could cause driver's insurance rates to increase significantly. It's important to hire a New York reckless driving accident attorney to ensure that the driver is found guilty fairly. New York's reckless-driving laws are very strict and can result in substantial penalties including fines and jail time. The severity of a penalty depends on a variety of variables like the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident lawyer with experience will be able to determine the root of the accident and gather evidence to show your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, photographs and videos taken at the scene of the crash, 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 maximum compensation for your injuries.