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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Although the majority of them are fender benders, some can cause serious injuries. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident lawyer can help victims with their legal needs following a crash. They can help them obtain compensation for their medical bills 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 expenses, lost wages, and other related expenses. This system has protected car accident victims against being weighed down by out-of-pocket expenses. However it is crucial to know what it means. To be eligible to benefit from No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. The injured party also must be treated in a hospital or by a licensed provider. Additionally you must have sustained an “serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. These are all extremely severe injuries that could have a significant negative impact on the life of the victim. A New York injury lawyer can help you if you have been injured in a serious New York car accident. In the aftermath of a serious auto crash An attorney can assist you in a variety of ways. They can provide you with legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They can also file a lawsuit in court on behalf of you against the negligent driver who caused the accident. After a serious car accident you could be faced with massive medical expenses, lost wages and other costs. No-fault insurance is able to cover these costs and other expenses, so you should seek treatment after an accident, even though you feel okay. If you are unable return to work, no fault will pay for 80% of your lost wages up to $2,000 per month. It can also cover the majority 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 Exam under Oath. It is mandatory to attend, since the absence of this could result in retroactive denials of benefits. Purely comparative fault In many car accident cases the plaintiffs could be liable in part or full for the accident. The law permits the injured party to claim damages in proportion to the percentage of fault that can be attributable to them. This is called pure comparative negligence. Pure comparative fault is different from modified comparative fault, which caps the amount of fault that a claimant can be deemed to have in order to disqualify them from financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally accountable for the accident: negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. The cause of the accident is determined by the manner that the negligence led to the injury. To demonstrate legal responsibility the plaintiff must prove the economic damages caused by their injuries, such as medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma and pain and suffering. New York is one of the states that have absolute comparative fault laws, which means that those who have suffered may still pursue recovery even in the event that they are partly at fault. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this situation, it is important to work with a skilled attorney. Comparative fault can be applied to any personal injury or wrongful death situation in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative blame is more complicated in cases of wrongful deaths. The concept of comparative blame is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will work with insurance companies to secure the maximum amount of compensation for your injuries. Miami Beach injury lawyers and multiple liability may be used in the event of multiple defendants. This is a method that splits the judgment amongst all the defendants if the jury finds that you are jointly and severally liable for the incident. This is a great way to ensure you get the maximum amount of compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be more challenging. The injured victims are often confronted with medical bills, loss of income due to being unable to work or suffer physical pain. They also have to worry about how they will pay rent and other expenses that are part of their daily lives. The last thing they need is to be sucked into the stalling tactics of an insurance company who is trying to convince them to accept a low settlement offer. Insurance companies exist to make money. They do this by refusing or reduce your claims. Insurance agents will employ every method to stop you from receiving the compensation you are entitled to. This is why it is essential to work with a New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. 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 stop your claim. They may also attempt to avoid liability by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you had a prior medical condition that is to blame for the crash. In certain cases, an insurance adjuster will arrive at a settlement amount that seems reasonable. This is a common tactic that many people fall to. In reality, the price will be much lower than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or in their own vehicle. The most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, make phone calls, or listens to music driving. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you examine the crash to determine all parties that could be accountable for your injuries and losses. 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 the act of operating a vehicle in a manner that puts at risk the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer has to prove more than mere negligence or recklessness. This means that the officer must prove that the driver was aware that their actions could cause an accident or put others at risk. In some instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. For instance driving at a red light or stop sign could result in an accident that is serious and cause injury. If an individual driver is found be driving recklessly, they may be convicted of a misdemeanor offense and be subject to a fine or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this type of offense can result in the addition of points to your license, as well as hefty fines. This could cause driver's insurance rates to rise substantially. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is convicted fairly. The laws governing reckless driving in New York are quite strict and can lead to substantial penalties that include fines and jail time. The severity of a penalty is contingent on a variety of factors like the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. A seasoned reckless accident lawyer will know how to find out the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements and cellphone records to look for distracted driving, images and videos taken at the scene of the crash as well as 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.