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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. While most of them are simply accidents that cause fender benders, a few can cause serious injuries. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal needs after a 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 drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages and other accident-related costs. This has helped protect the victims of car accidents from being weighed down by out-of-pocket expenses. However it is essential to know what it means. To qualify for No-Fault Insurance you must satisfy certain requirements. In the first place you must be injured in a motor vehicle accident that occurred within the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by a certified medical professional. In addition you must have sustained a “serious injury.” Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and could have a significant negative impact on the life of the victim. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. A lawyer can assist with the legal process in many ways following a serious auto accident. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the negligent driver who caused the accident. After a serious car accident you could face huge medical bills, lost wages and other expenses. No-fault insurance can pay for these, and you should always seek out treatment after an accident, even if you feel okay. If you are unable return to work, no-fault insurance will pay 80% of your lost wages up to $2,000 per month. It will also cover an important portion of the cost you incur out-of-pocket such as the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. You must attend these appointments, because failure to attend could result in the denial of benefits retroactively. Pure faults that are comparable In many cases of car accidents, the plaintiffs may be held to be fully or partially responsible for the incident. The law permits the injured party to claim damages in proportion to the proportion of blame that can be given to them. This is called pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault the claimant could be considered to have to exclude them from receiving financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent. In a car accident the plaintiff must prove two elements to be legally responsible for the crash that is, negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation is the process by which the negligence directly led to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, like medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses are emotional trauma as well as pain and suffering. New York is one of the 13 states that have pure comparative fault laws, which means that those who have suffered can still seek recovery if they are partially at the fault. If the claimant is found to be more than 50% at fault, they will be exempt from any claim for damages. In this situation it is essential to work with a knowledgeable lawyer. Comparative fault can be applied to almost every personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complicated in wrongful death cases. It is important to understand the concept of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will collaborate with the insurance companies to secure the maximum amount of compensation for your injuries. Joint and multiple liability may also apply if there are multiple defendants. This is a method that splits the judgment amongst all the defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great way to ensure that you receive the most amount of compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be just as stressful. Victims of injuries often must deal with medical bills as well as a loss of income as a result of being incapable of working, not to mention their emotional and physical pain. Lake Forest injury attorneys have to think about how they will pay rent and other expenses that are part of their daily lives. The last thing they want is to be sucked into the tactics of a stalling insurance company trying to get them to accept a settlement offer that is low. Insurance companies exist to make money. They do this by denying or reduce your claims. Insurance companies will employ every method to deny you the money you deserve. This is why it's crucial to find an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sneaky tactics. To save money insurance companies will do anything they can to delay or stop your claim. They may also attempt to avoid accountability by arguing that your injuries aren't directly related to the crash, or they do not require treatment. They may even claim that the crash was caused by a previous medical condition. In certain cases, an insurance adjuster will come up with an amount of settlement that appears reasonable. This is a classic method that a lot of people are enticed by. In reality, this offer will be much lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is common for people to get injured when driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving happens when a driver is using devices while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine the parties that may be accountable for your injuries and the damages. They can also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as operating an automobile in a manner that puts at risk the lives and safety of others on the road and pedestrians or riders on bicycles. In order to convict someone of this crime an officer of the police force must show more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance driving through an intersection with a stop sign could cause a serious accident and injury. If an individual driver is found be driving recklessly, they could be convicted of a misdemeanor offense and face either a fine or jail sentence. Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this type of offense can lead to the addition of points to your license, as well as hefty fines. This could result in driver's insurance premiums increasing substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and imprisonment. The severity of a penalty depends on a variety of variables like the severity of an accident, as well as aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to find out the cause of a collision and gather evidence that will prove your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, images and videos taken at the scene of the accident and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.