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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 frequent. Although the majority of them are simply collisions between cars, some may cause serious injuries. The injured parties should immediately call 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal needs following a crash. 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 protected by their own auto insurance policies for medical, lost wages, and other related expenses. This system has protected the victims of car accidents from being weighed down by out-of-pocket expenses. However it is crucial that you understand what it means. To be eligible for No-Fault Insurance you must satisfy some requirements. First and foremost you must have been injured in a vehicle accident that took place in the state of New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The injured party also must be treated in a hospital or by an authorized provider. In addition, you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely serious injuries, and could have a significant negative impact on the person's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. A lawyer can help you with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They can also file a lawsuit in court on your behalf against the negligent driver who caused the accident. There is a chance that you will have to pay for astronomical medical expenses along with lost wages, and other expenses after a serious auto accident. No-fault insurance can help with these costs and other expenses, so you should seek treatment after a crash, even if you feel well. If you cannot return to work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must attend these appointments, as failure to attend could result in the denial of benefits retroactively. Pure faults of a comparative nature In a lot of car accident cases plaintiffs may be partially or fully responsible for the incident. The law permits the injured party to claim damages according to the proportion of blame that can be given to them. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a person may be deemed to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In a car accident, the plaintiff must prove two elements to be legally responsible for the accident the other being negligence and causality. Negligence is the violation of an act of law, or committing an act of negligence that is unreasonable. The causality is the manner that the negligence led to the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses are emotional trauma, suffering and pain. New York is one of the states that have pure comparative fault laws, which means that injured parties are still able to seek compensation even when they are at fault. If the claimant is found to be more than 50 percent at fault, they are barred from claiming damages. In this situation, it is important to work with a skilled attorney. Comparative fault can be applied to any personal injury or wrongful-death instance in which the victim (or heirs) have suffered physical or mental damages. The concept of comparative blame is more complex in cases of wrongful deaths. It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will assist you to determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you receive the most compensation you can for your injuries. Joint and multiple liability may also be a possibility if there are several defendants. This is a method that splits the judgment amongst all the defendants if the jury decides that you are jointly and multiplely responsible for the incident. This is a great 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 difficult. Victims of injuries are often faced with medical bills, lost income due to inability to work or suffer physical pain. They also have to think about how they will pay rent and other daily expenses. They don't need to endure the delay tactics employed by insurance companies to get them to accept lower settlement offers. The reality is that most insurance companies are in the business of making money and they do this by denial or cutting claims. Insurance companies will employ any method to stop you from receiving the amount you deserve. This is why it's crucial to find a New York car accident lawyer to level the playing field. Lee's Summit injury lawsuits at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. Insurance companies will do all they can to delay your claim or slow the process to save as much money as possible. They may also attempt to avoid accountability by arguing that your injuries aren't caused by the crash or they do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for the crash. In some cases an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a common tactic that many people fall prey to. The offer is significantly less than the amount you must pay to cover medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance. It is not unusual for people to be injured while driving another person's car or in their vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver uses an electronic device while driving to send or receive text messages or 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 You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in investigating the crash to determine who may be accountable for your injuries and the damages. They may also make a claim or lawsuit against the driver in order to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To convict someone of this crime the police officer must show more than just negligence or carelessness. This means that the police 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 deemed reckless driving in New York. A violation of a stop sign, or a red light could result in a serious accident. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor offense and face an indictment or a fine. Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense could result in the addition of points to your license as well as substantial fines. This could lead to a driver's insurance premiums increasing substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner. The reckless driving laws in New York are very strict and could lead to substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of variables like the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer knows how to investigate the causes of a crash and gather evidence to prove your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, photographs and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.