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Little Rock injury lawsuit Can Help You Understand the No-Fault Insurance System Car accidents are a frequent incident in New York City. Although the majority of them are just fender benders, some can cause serious injuries. The injured party should call 911 and seek medical attention immediately. A New York car accident lawyer can help victims with their legal issues after a crash. They can assist victims in obtaining compensation for medical expenses and 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 system has protected car accident victims from being buried due to cost-out-of-pocket It is crucial to understand exactly what it means and does not mean. To be eligible for No-Fault insurance you must satisfy some requirements. You must first and foremost have been injured in an accident in New York. You must also be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated in an accredited hospital or provider. Additionally you must have suffered 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. All of these injuries are serious and can have a negative effect on a victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. In the aftermath of a serious auto crash, a lawyer can assist you in a variety of ways. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the driver who caused the crash. After a serious car accident, you may be facing huge medical bills, lost wages, and other costs. No-fault insurance will pay for these as well, and you should seek treatment following a crash, even if you feel well. 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 lot of your out-of-pocket expenses, like the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. You must show up for these appointments, since failure to attend could result in an appeal to the benefits. Purely comparative fault In a majority of car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law gives injured parties the right to receive damages according to their percentage of the fault. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault, which caps the amount of fault the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the accident rests on proving two things: negligence and causation. Negligence refers to breaking the law or acting with reckless carelessness. Causation refers to the way in which the negligence directly led to the injury. To demonstrate legal responsibility the plaintiff has to demonstrate the economic loss caused by their injuries, such as medical bills, lost income, and travel costs to appointments. Non-economic losses are emotional trauma, suffering and pain. New York is one of the states that have absolute comparative fault laws, which means that the injured party are still able to seek compensation even when they are at the fault. If the claimant is found more than 50 percent at fault, they are barred from claiming damages. In this case, it is important to work with an experienced 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. The concept of comparative fault is more complex in the case of wrongful death. The concept of comparative blame is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will work with insurance companies to get you the most compensation for your injuries. In addition, if have several defendants in your case the concept of joint and several liability may apply. This is a system which splits the verdict among all the defendants if the jury finds that you are jointly and severally liable for the incident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be more challenging. Injured victims are often confronted with medical bills, loss of income due to inability to go to work and physical pain. They also have to worry about how they will pay rent and other expenses of daily living. They don't need to endure the stalling tactics used by insurance companies 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 reducing claims. Insurance agents will employ every method to stop you from getting the amount you deserve. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly tactics. In order to save money insurance companies will do anything they can to delay or derail your claim. They also try to avoid accountability by arguing that your injuries are not related to the crash or that they don't require treatment. They might even claim that you had a prior medical condition that is the reason for the crash. In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a trick that a lot of people fall to. In reality, the price is significantly less than what you actually 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 while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions. Reckless driving If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you examine the crash to determine the parties accountable for your injuries and losses. They could also initiate a lawsuit or claim against the driver in order to claim damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer must prove more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light can result in a serious accident. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and face a fine or jail time. Unsuspecting driving can cause serious injuries to other drivers, pedestrians, and bicyclists. Anyone who is found guilty of this offense will have points added to their license and could be subject to massive fines. This could cause drivers' insurance rates to go up significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and jail time. The severity of the penalty depends on a variety of variables including the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license. An experienced reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence to show your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, photographs and videos from the scene of the crash as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to ensure you receive the maximum amount of compensation for your injuries.