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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. Anyone injured should dial 911 and seek medical attention right away. A New York car accident attorney can help victims with their legal issues after an accident. They can assist victims in obtaining compensation for medical expenses as well as lost income. No-fault insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical costs, lost wages and other costs related to accidents. While this has helped to protect car accident victims from being buried due to cost-out-of-pocket but it is essential to understand exactly what it does and does not mean. To be eligible for No-Fault Insurance you must satisfy certain requirements. First and foremost, you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian who was struck by the vehicle. The person injured must be treated in a hospital or by a licensed medical professional. In addition you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these are serious and could have a negative impact 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 getting the compensation that you deserve. A lawyer can assist with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on your behalf against the negligent driver who caused the accident. After a serious car accident you could be faced with huge medical expenses, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a car crash, even if it feels like you're fine. If you are unable to return to work, no-fault will pay for 80% of your lost wages up to $2,000 per month. It can also cover an important portion of the cost you incur out-of-pocket, including the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. You must show up for these appointments, as failing to do so could result in an appeal to the benefits. Pure faults of a comparative nature In a lot of car accident cases plaintiffs may be liable in part or full for the accident. The law permits injured parties to recover damages according to the proportion of the blame that is attributable to them. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount a person may be deemed to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In a case involving a car accident the plaintiff's legal responsibility for the accident rests on showing two things that are causation and negligence. Negligence is the act of breaking a law or acting with unreasonable carelessness. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility the plaintiff must prove the economic damages caused by their injuries, such as medical bills, lost income, and travel expenses to appointments. Non-economic losses are emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured could still be able to claim compensation even if they are partially at fault. If the claimant is found more than 50 percent responsible, they are barred from claiming damages. In this case it is essential to consult with a seasoned attorney. Comparative fault applies to almost every personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. However the concept of comparative fault can be a bit more complicated in wrongful death cases. It is essential to comprehend the principle of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will help you 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. Additionally, if you have several defendants in your case the concept of joint and several liability could apply. This is a method that divides the judgment between all the defendants if the jury decides that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the maximum compensation for your injuries. Strategies of insurance companies The aftermath of a car accident can be just as stressful. Victims of injuries often have to deal with medical bills as well as a loss of income from being in a position of no work, not to mention their emotional and physical pain. Rent and other costs of daily living are also a concern. They don't have to endure the delay tactics employed by an insurance company to try and get them to accept low settlement offers. The reality is that most insurance companies are in the business of making money, and they do this by denying or reduction of claims. Insurance companies will employ every tactic possible to deny you the money you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious tactics. To save money insurance companies will do whatever they can to delay or stall your claim. They will also try to evade responsibilities by arguing that your injuries aren't caused by the crash or that they don't require treatment. They could even argue that your accident was the result of a prior medical condition. In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a trick that a lot of people fall to. This offer is much lower than the amount you'll must pay to cover medical expenses 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 occurs when a driver uses an electronic 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. Reckless driving You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in investigating the crash to determine who could be responsible for your injuries and damage. They can also file a lawsuit or claim against the driver in order to claim damages. The New York criminal code defines reckless driving as operating the vehicle in a way that poses a threat to the lives and safety of other motorists and people on foot or on bicycles. In order to convict someone of this crime an officer of the police force must prove more than negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger. In certain instances, even a minor traffic infraction could be viewed as a type of reckless driving in New York. For instance, running the red light or stopping sign could result in a serious accident and injury. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor and face either a fine or jail sentence. Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. Those who are convicted of this offense will have points added to their licenses and could be subject to large fines. This can result in a driver's premiums going up substantially. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are quite strict and can result in substantial penalties that include fines and jail time. Marietta injury lawsuits of the penalty depends on a variety of factors including the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license. A seasoned reckless accident lawyer will know how to investigate the causes of a crash and gather evidence that will prove your innocence. This evidence could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum compensation for your injuries.