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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Although the majority of them are just collisions between cars, some may result in serious injuries. The injured parties should immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements 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 automatically protected by their own auto insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is crucial that you understand what it means. To be eligible for No-Fault Insurance You must satisfy a few criteria. First and foremost, you must 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 bicyclist or pedestrian hit by the vehicle. The person who was injured must be treated in a hospital or by a licensed provider. Additionally, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these 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 assist you in getting the compensation you're due. A lawyer can assist you with the legal process in many ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on behalf of you against the negligent driver responsible for the crash. After a serious car accident you could face massive medical bills, lost wages and other expenses. These expenses are covered by no-fault insurance, and you should seek treatment immediately after a car accident even if you feel as if you're in good shape. If you cannot return to work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It can also cover a large portion of your out-of-pocket expenses which includes the cost of household help. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as failing to attend could result in denial of benefits retroactively. Purely comparative fault In a lot of car accident lawsuits, the plaintiffs are partially or completely accountable for the incident. The law allows injured parties the right to recover damages according to their percentage of the fault. This is known as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to be owed to prevent them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the crash depends on demonstrating two things such as negligence and causation. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly contributed to the injury. To demonstrate legal responsibility the plaintiff must demonstrate the economic loss that result from their injuries such as medical bills, lost income, and travel expenses to appointments. Other non-economic losses include emotional trauma, suffering and pain. New York is one of the 13 states that have pure comparative fault laws, which means that the injured party may still pursue recovery even when they are at the fault. However, if the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance, it is important to work with an experienced 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 fault is more complex in wrongful death cases. It is crucial to grasp the concept of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident and will work with insurance companies to ensure that you receive the most compensation you can for your injuries. Additionally, if you have multiple defendants in your case, the concept of joint and numerous liability could apply. This is a system that divides the judgment between all defendants in the event that the jury decides that you are jointly and multiplely responsible for the accident. This is a great way to ensure that 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 challenging. The injured victims are often confronted with medical bills, lost income due to inability to work, and physical discomfort. They also have to worry about how they will pay rent and other daily expenses. They don't need to be subjected to the strategies of stalling employed by an insurance company to convince them to take low settlement offers. The truth is that the majority of insurance companies are focused on making money, and they do it by denying or reduction of claims. Insurance agents will employ every method to stop you from obtaining the compensation 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 are experienced in fighting for the rights of car accident victims. Kalamazoo injury lawsuit will stand up to insurance companies and their shady tactics. To save money insurance companies will do everything they can to delay or stop your claim. They also try to avoid responsibility by arguing that the injuries aren't directly related to the crash or that they do not require treatment. They might even claim that the accident was the result of a prior medical condition. In certain cases an insurance adjuster might determine an amount of settlement that appears reasonable. This is a common scam that many people fall for. In reality, this offer will be much lower than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. However, it is common for people to be injured while driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes 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 accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine all parties that could be accountable for your injuries and damage. They may also bring a lawsuit or claim against the driver to recover 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 at risk. To convict someone the police officer has to prove more than mere negligence or carelessness. This means that the officer must show that the driver was aware that their actions could cause an accident or put others at risk. In some instances even a minor traffic infraction could be viewed as a type of reckless driving in New York. For example driving at an intersection with a stop sign could result in serious injuries and accidents. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor and could face a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this offense can result in the addition of points to your license, as well as substantial fines. This could cause driver's insurance rates to go up substantially. It's important to hire an New York reckless driving accident attorney to ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are very strict and could result in substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors including the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license. An attorney for reckless driving with experience will know how investigate the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements, cell phone records to check for distracted driving, images and videos of the scene of the crash and official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum compensation for your injuries.