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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common incident in New York City. Some of these accidents can cause serious injuries, even if they are only minor collisions. The injured parties should immediately contact 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal issues after the crash. They can help them obtain the compensation they need for medical expenses and lost wages. No-fault Insurance New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical costs, lost wages and other accident-related costs. This system has safeguarded the victims of car accidents from being weighed down by out-of-pocket expenses. However it is essential that you understand what it means. To qualify for No-Fault Insurance You must satisfy some requirements. You must first and foremost have been injured in an accident in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured person must be treated at a hospital or an authorized provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries that can have a devastating negative impact on the person's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. Following a serious car accident An attorney can assist you in a number of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the crash. You may have to pay for astronomical medical expenses as well as loss of wages, and other costs following a serious accident. These costs can be paid for by no-fault insurance and you should seek treatment immediately after a car accident even if you feel like you are fine. If you are unable return to work, no-fault will pay for 80 percent of your wages lost up to $2,000 per month. It also covers a large portion of your out-of-pocket expenses such as the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. It is mandatory to attend, since the absence of this could result in retroactive denials of benefits. Purely faults that are comparable In many cases of car accidents plaintiffs may be partially or fully responsible for the incident. The law allows injured parties to recover damages according to the percentage of fault that can be assigned to them. This is known as pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount a person may be deemed to have to prevent them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two things to be legally accountable for the accident the other being negligence and causality. Negligence is the act of breaking a law or committing an act with reckless carelessness. Causation refers to how the negligence directly caused the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses that result from their injuries for example, medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states that have pure comparative fault laws, which means that injured parties are still able to seek compensation even in the event that they are partly at the fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this situation it is crucial to consult with a seasoned 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 emotional or physical damages. However the concept of comparative fault is slightly more complicated in wrongful death claims. The concept of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will work with the insurance companies to get you the maximum compensation for your injuries. Additionally, if you have multiple defendants in your case, the concept of joint and multiple liability could be applicable. This is a system that splits the judgment amongst all defendants in the event that the jury determines that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the highest amount of compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be equally stressful. Injured victims often must deal with medical expenses and loss of income due to being incapable of working, not to mention their physical pain and emotional distress. Rent and other daily expenses are also a concern. The last thing they want is to be subjected to the stalling tactics of an insurance company trying to convince them to accept a settlement offer that is low. Insurance companies are in business to earn money. They accomplish this by denial or reduce your claims. Insurance companies will employ any tactic they can to prevent you from receiving the compensation you are entitled to. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will stand up to insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or slow the process to save as much money as possible. They will also try to evade responsibilities by arguing that your injuries are not directly related to the crash, or do not require treatment. They may even claim that the accident was caused by a previous medical condition. In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a trick that a lot of people fall to. In reality, this offer will be much lower than the amount you will actually have to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver is using devices to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine the parties that could be accountable for your injuries and damage. They can also file a claim or lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that endangers the lives and safety of other motorists and people on foot or on bicycles. To convict someone of this crime, a police officer must prove more than carelessness or negligence. This means that the officer must prove that the driver was aware of their actions were likely to cause an accident or put others at risk. Even Arvada injury lawsuit can be considered reckless driving in New York. A violation of a stop sign, or a red light can result in an accident that is serious. If a driver is caught driving recklessly, they may be convicted of misdemeanor charges and face fines or jail time. Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime can result in the addition of points to your license and hefty fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is held accountable fairly. The laws governing reckless driving in New York are very strict and could lead to substantial penalties which include fines and even imprisonment. The severity of the penalty is contingent on a variety of factors, including the severity of the accident and whether or not there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license. A seasoned reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will show your innocence. This could include witness statements, phone records to look for distracted driving, images and videos taken at 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.