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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. Some of these accidents can cause serious injuries, even if they are only minor collisions. Injured parties should call 911 and seek medical attention right away. A New York car accident lawyer can help victims with their legal needs following an accident. They can help victims obtain compensation for medical expenses as well as lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other related costs to an accident. This has helped protect car accident victims against being weighed down by out-of-pocket expenses. However it is crucial to know what it means. To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost you must be injured in a motor vehicle accident that occurred in the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated at a hospital or an authorized provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely serious injuries that can have a devastating negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. Following a serious car accident, a lawyer can assist you in a variety of ways. They can provide you with legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They may also make a court-filed lawsuit on behalf of you against the negligent driver who caused the accident. You may have to pay astronomical medical bills along with lost wages and other expenses following a serious accident. No-fault insurance can cover these costs and other expenses, so you should seek treatment after an accident, 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 in lost wages per month. It can also cover many of your out of pocket expenses, like the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. You must be present at these appointments, because failing to do so could result in the denial of benefits retroactively. Pure faults that are comparable In many car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law permits injured parties to seek damages according to the percentage of blame that can be attributable to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that a claimant can be deemed to have to disqualify them from financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the crash depends on showing two things: negligence and causation. Negligence is the act of breaking the law or acting in reckless disregard. Causation is the process by which the negligence directly caused the injury. To prove legal responsibility, the plaintiff must also prove the economic damages that result from their injuries such as medical bills, lost income and travel costs to appointments. Non-economic losses can include emotional trauma, suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that those who have suffered may still pursue recovery even when they are at fault. If the claimant is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this case, it is important to work with a skilled attorney. Comparative fault applies to almost any personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complicated in the case of wrongful death. It is important to understand the principle of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will negotiate with insurance companies to secure the maximum amount of compensation for your injuries. Joint and several liability can also apply if there are several defendants. This is a method which splits the verdict among all the defendants if the jury decides that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries. Tactics of the Insurance Company The aftermath of a car crash can be equally stressful. Victims of injuries are often confronted with medical bills, lost income due to inability to work, and physical pain. They also have to think about how they will pay rent and other expenses of daily living. The last thing they want is to be subjected to the stalling tactics of an insurance company that is trying to convince them to accept a low settlement offer. Insurance companies are in business to earn money. Missoula injury attorney do this by refusing or cutting your claims. Insurance companies will employ every tactic possible to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys 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 whatever they can to delay or derail your claim. They will also try to avoid accountability by arguing that your injuries are not related to the crash or they do not require treatment. They may even claim that the accident was the result of a prior medical condition. In some cases, an insurance adjuster will arrive at an amount of settlement that appears reasonable. This is a common tactic that many people fall prey to. In reality, this offer will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is not uncommon for people to be injured when driving a vehicle of another or in their vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses a device to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine all parties that might be accountable for your injuries and damage. They can also make a claim or lawsuit against the driver in order to claim damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists at risk. To convict someone of this crime the police officer must demonstrate more than mere carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger. In some cases, even a minor traffic infraction could be viewed as a type of reckless driving in New York. For instance driving at an intersection with a stop sign could lead to a serious accident and injury. If the driver is found to be driving recklessly, they could be convicted of a misdemeanor and be subject to either a fine or jail sentence. Reckless driving may cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this crime can lead to the addition of points to your license as well as substantial fines. This can result in a driver's premiums going up substantially. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is held accountable on a fair basis. The reckless driving laws in New York are very strict and could lead to substantial penalties, including fines and imprisonment. The severity of the penalty depends on a number of factors like the severity of the accident, as well as aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license. An attorney for reckless driving who has experience can determine the causes of an accident and gather evidence to show your innocence. This evidence might include witness statements, cell phone records to check for distracted driving, photos and videos taken at the scene of the crash and official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to ensure you receive the maximum amount of compensation for your injuries.