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Gresham injury lawyers Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. While most of them are simply collisions between cars, some may result in serious injuries. Anyone injured should dial 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal needs after an accident. They can help them obtain the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. This has helped protect the victims of car accidents from being burdened with out-of pocket expenses. However, it is important to know what it means. To be eligible for No-Fault insurance You must satisfy a few criteria. 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 insured, or a pedestrian or bicyclist who was struck by the vehicle. The person who was injured must be treated in a hospital or by a licensed medical professional. You must also have suffered “a 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. All of these are serious and could have a negative impact on a victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you're due. In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can help you understand your legal options, conduct an extensive 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 face huge medical bills, lost wages, and other costs. These expenses are covered by no fault insurance, and you should seek medical attention immediately following a car crash even if you feel as if you're in good shape. If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It also covers a number of your out of pocket costs, such as the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must be present at these appointments, since failure to attend could result in an appeal to the benefits. Purely faults of a comparative nature In many cases of car accidents, the plaintiffs may be held to be fully or partially responsible for the accident. The law allows injured parties to seek damages in proportion to the proportion of blame that can be attributable to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount that a claimant may be deemed to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states usually place the limit between 49 and 51 percent. In a car accident case the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence is the act of breaking the law or committing a breach of the law with reckless negligence. The causality is the manner the negligence caused the injury. To prove legal responsibility, the plaintiff must also prove the economic damages caused by their injuries, such as medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states with absolute comparative fault laws, which means that injured parties may still pursue recovery even if they are partially at the fault. If the claimant is found more than 50 percent responsible, they are barred from claiming damages. In this instance, it's important to consult with a reputable attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault is somewhat more complex in wrongful death cases. It is crucial to grasp the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will help you determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries. In addition, if have several defendants in your case, the concept of joint and numerous liability may apply. The system splits the verdict between all defendants if a jury finds you jointly and severally liable for the accident. This is a great way to ensure you receive the maximum amount of compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, but the aftermath can be more difficult. Injured victims are often confronted with medical bills, loss of income due to not being able to work or suffer physical pain. Rent and other daily expenses are also a concern. The last thing they want is to be subjected to the stalling tactics of an insurance company who is trying to convince them to accept a settlement offer that is low. Insurance companies exist to make money. They do this by refusing or cutting your claims. Insurance agents will employ every tactic they can to prevent you from receiving the compensation you deserve. 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 car accident victims. Our lawyers will fight insurance companies' devious tactics. Insurance companies will do everything in their power to delay your claim or slow the negotiations in order to save as much money as possible. They also try to evade responsibilities by arguing that your injuries aren't related to the crash or that they don't require treatment. They might even claim that your crash was the result of a prior medical condition. In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a common trick that many people fall prey to. In reality, the price will be significantly lower than what you really need to pay for your medical treatment and other damages. New York law requires that every driver have no-fault insurance. However, it is common for people to get injured when driving or riding in another person's vehicle. The most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving happens when a driver is using a device to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes are drunk driving, road conditions, and weather conditions. Reckless driving You may be entitled to compensation if you have 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 who may be accountable for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists at risk. To find someone guilty, a policeman must show more than just negligence or carelessness. This means that the police officer must show that the driver was aware of their actions were likely to cause an accident or put others in danger. In some instances even a minor traffic infraction can be viewed as a form of reckless driving in New York. For example, running an intersection with a stop sign could cause serious injuries and accidents. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor and could face either a fine or jail sentence. Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their license and could be subject to hefty fines. This could cause driver's insurance rates to increase significantly. It is essential to find a New York reckless driving accident attorney to ensure that the driver is held accountable on a fair basis. The reckless driving laws in New York are quite strict and can result in substantial penalties, including fines and imprisonment. The severity of the penalty depends on several factors including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. An attorney for reckless driving who has experience will be able to determine the causes of an accident and gather evidence to prove your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photographs and videos taken at the scene of the crash, official medical reports, and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.