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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're only minor collisions. The injured party must immediately call 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal needs after a crash. They can help victims obtain compensation for medical expenses as well as lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other related expenses. While this has helped to protect car accident victims from being buried due to out-of-pocket costs It is crucial to understand exactly what it is and what it does not mean. In order to qualify to benefit from No-Fault insurance, you have to meet certain requirements. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by a licensed medical professional. In addition you must have suffered an “serious injury.” Serious injuries are defined by 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, and could have a significant negative impact on the victim'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 A lawyer can help you in a number of ways. They can explain your legal options, conduct an in-depth investigation and negotiate with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident. In the aftermath of a serious crash you could be faced with astronomical medical expenses, lost wages and other expenses. These expenses are covered by no fault insurance, and you should seek medical attention immediately following a collision even if it seems as if you're in good shape. If you are unable return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It will also cover a large portion of your out-of-pocket costs which includes the cost of household help. Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that the absence of this could result in denial of benefits retroactively. Pure faults that are comparable In many cases of car accidents, the plaintiffs may be liable in part or full for the accident. The law grants injured parties the right to recover damages based on their percentage of the fault. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault, which limits the amount of fault that an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a car accident the plaintiff must prove two elements to be legally accountable for the crash the other being negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. The causality is the way that the negligence led to the injury. To establish legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that the injured party can still claim compensation even if they are partially at fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this case it is crucial to work with a skilled attorney. Comparative fault can be applied to almost any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complicated in wrongful death cases. The concept of comparative fault is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will help you determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and several liability can also apply if there are several defendants. This system splits the verdict between all defendants if the jury finds you jointly and severally responsible for the accident. Centennial injury attorneys is a great way to ensure you receive the maximum amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be equally stressful. The injured victims are often confronted with medical bills, lost income due to being unable to work, and physical discomfort. Rent and other daily expenses are also a problem. The last thing they want is to be subjected to the stalling tactics of an insurance company trying to get them to accept a settlement offer that is low. The reality is that most insurance companies are focused on making money and do it by denying or cutting claims. Insurance companies will employ every tactic possible to deny you the compensation you are entitled to. This is why it's so important to hire an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky strategies. To save money, insurance companies will do anything they can to delay or stop your claim. They may also attempt to avoid responsibility by arguing that the injuries aren't related to the accident or do not require treatment. They might even claim that you suffer from a previous medical condition that is to blame for the crash. In some instances an insurance adjuster might arrive at a settlement amount that seems reasonable. This is a classic trick that many people fall for. The offer is significantly less than the amount you'll need to pay in order to cover your medical expenses and other damage. New York law requires that all drivers have no-fault insurance. However, it is common for people to be injured when driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using a device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving You could be entitled to 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 all parties that might be responsible for your injuries and damages. They can also make a claim or a lawsuit against the driver to recover your 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 cyclists, pedestrians, and cyclists in danger. To convict someone the police officer has to prove more than just negligence or carelessness. The officer must show 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 can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor offense and be subject to either a fine or jail sentence. Reckless driving may cause serious injuries to pedestrians, bicyclists, and motorists. Those who are convicted of this offense will receive points added to their licenses and could be subject to massive fines. This could cause drivers' insurance rates to go up significantly. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is found guilty in a fair manner. New York's reckless-driving laws are extremely strict and could result in substantial penalties including fines and imprisonment. The severity of the penalty depends on a variety of variables including the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license. A seasoned reckless accident lawyer will know how to investigate the cause of a collision and gather evidence to demonstrate your innocence. This could include witness statements as well as cellphone records to look for distracted driving, images and videos of the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.