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Portland injury lawsuits Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are a common occurrence. Some of these accidents can cause serious injuries even if they're only minor collisions. 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 the crash. They can help them obtain compensation for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical expenses, lost wages, and other related expenses. This has helped protect the victims of car accidents from being burdened with out-of pocket costs. However it is essential to understand what it means. To qualify for No-Fault Insurance You must satisfy a few criteria. In the first place, you must be injured in a vehicle accident that occurred in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a certified provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are severe and can have a negative impact on the life of a victim. A New York injury lawyer can assist you if been injured in a major New York car accident. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They may also make a court-filed lawsuit on behalf of you against the driver who caused the accident. You may have to pay astronomical medical bills, loss of wages, and other costs following a serious accident. No-fault insurance will pay for these, and you should always seek treatment following a crash, even if you feel well. If you cannot return to work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers a number of your out of pocket costs, including the cost of household assistance. Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, because not attending could result in an appeal to the benefits. Purely comparative fault In many car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law gives injured parties to be compensated in proportion to their share of fault. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount that a claimant could be considered to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent. In the case of a car crash the plaintiff's legal liability for the accident rests on proving two things: negligence and causation. Negligence refers to breaking a law or committing an act in reckless disregard. The causality is the way in which the negligence caused the injury. To demonstrate legal responsibility the plaintiff has to prove the economic damages caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is one of the 13 states with strict comparative fault laws which means that the injured party may still pursue recovery even in the event that they are partly at fault. If the claimant is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this instance it is essential to consult with a seasoned attorney. Comparative fault is applicable to any personal injury or wrongful-death instance where the victim (or their heirs) have suffered mental or physical injuries. The concept of comparative blame is more complex in cases of wrongful deaths. The principle of comparative fault is very important to understand when making a claim for compensation after an accident in New York. Your lawyer will help you determine the severity of your own contribution to the accident and will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and multiple liability may also apply if there are multiple defendants. The system splits the verdict between all defendants in the event that the jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car accident can be just as stressful. The injured victims are often faced with medical bills, loss of income due to not being able to go to work and physical pain. They also have to worry about whether they can afford rent and other expenses that are part of their daily lives. They don't have to be subjected the strategies of stalling employed by an insurance company to get them to accept low settlement offers. The truth is that the majority of insurance companies are focused on making money and they do this by denial or cutting claims. Insurance agents will use every method to deny you the money you are entitled to. It is crucial to employ an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will take on insurance companies' sly tactics. Insurance companies will do all they can to delay your claim or stop the process to save as much money as possible. They may also attempt to keep the blame off by claiming that the injuries are not connected to the accident or that they do not require treatment. They may even claim that your crash was caused by a previous medical condition. In some cases an insurance adjuster might determine an amount for settlement that seems reasonable. This is a typical scam that many people are enticed by. In reality, the price is significantly less 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 nevertheless common for people to get injured while driving or riding in a person's vehicle. Some of the most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving occurs when a driver is using an electronic device while driving to send or receive messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify all parties who may be accountable for your injuries and losses. They can also make a claim or lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that poses a threat to the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone the police officer must prove more than mere negligence or recklessness. This means that the police officer must prove that the driver was aware of their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could cause a serious accident. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor and could face an indictment or a fine. Reckless driving can cause severe injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can result in the addition of points to your license as well as substantial fines. This can result in a driver's premiums going up significantly. It is crucial to employ a New York reckless driving accident attorney to ensure that the driver is found guilty on a fair basis. New York's reckless driving laws are very strict and could result in severe penalties that include fines and jail time. The severity of the penalty is contingent on a variety of 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. A reckless driving accident attorney with experience will know how investigate the cause of an accident and gather evidence to show your innocence. This could include witness statements, phone records to check whether the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.